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JEBUNI & 2 ORS
V.
MWINIBANKURO & ANOR

(2025) JELR 114393 (SC)

Supreme Court 23 Jul 2025 Ghana
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- The case involved an application by the Applicants for special leave to appeal to the Supreme Court against the decision of the Judicial Committee of the National House of Chiefs, following a prior unsuccessful attempt due to late filing

Case Details

Suit Number:J8/81/2025
Judges:BAFFOE-BONNIE AG. CJ (PRESIDING), AMADU JSC, ASIEDU JSC, KWOFIE JSC, DARKO ASARE JSC
Counsel:MUJEEB RAHMAN AHMED ESQ. FOR THE PETITIONER/RESPONDENTS/APPLICANTS WITH HIM DR. ADOMA ADJEI ESQ. AND ACKAH HEMANS ESQ JAMES MARSHALL BELIEB ESQ. FOR THE CO-PETITIONER/RESPONDENT/RESPONDENT

RULING   

MAJORITY OPINION  TANKO AMADU JSC:- INTRODUCTION:

(1) My Lords, access to justice is a critical indicia and component of the rule of law. As stated by Dr. Date-Bah JSC, in ADOFO VS. ATTORNEY-GENERAL [20032005] 1 GLR 239. “unhampered access to the courts is an important element of the rule of law.”  The concept seeks to inter alia prevent the refusal to grant an Applicant the opportunity to pursue just claims before the courts and the avoidance of such procedural impediments that may thwart the final resolution of disputes albeit through due process.

(2) In pursuance of this objective and in the interest of justice, the framers of the 1992 Constitution have even where statutorily, a litigant is out of time in pursuing a particular claim, whether by appeal or review, created a window by way of a special leave procedure to accommodate such a litigant upon the demonstration that, the matter is worth considering, either in the public interest and/or development of our jurisprudence.

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