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REPUBLIC
V.
CIRCUIT COURT EXPARTE ASSOCIATION INT SCH

(2018) JELR 107862 (HC)

High Court 27 Nov 2018 Ghana
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- The High Court granted certiorari, quashing the Circuit Court’s order directing the Applicant to pay the judgment debt into court, on the grounds that the lower court breached the audi alteram partem rule and exceeded its jurisdiction, as

Case Details

Suit Number:GJ/982/2018
Judges:GEORGE K. KOOMSON
Counsel:ABU JUAN FOR APPLICANT ANDREW APPAU OBENG FOR INTERESTED PARTY

JUDGMENT

KOOMSON, J.

The core issues this Court has been called upon to determine are as to 

(a) Whether or not the order made by the trial Judge, having lapsed makes the  determination of the issues raised in the instant application moot. 

(b) Whether or not the trial Judge breached the rules of natural justice, precisely,  the audi alterem partem rule.

(c) Whether or not the trial Judge lacked jurisdiction to make the order, the subject  matter of this application. 

A brief summary of the facts giving rise to this application is that the Applicant herein  commenced an action at the Circuit Court, Accra against the Interested Party herein. The  Interested Party also asked for certain reliefs in a Counterclaim. After a full trial, the  Circuit Court dismissed the case of the Applicant herein and entered Judgment for the  Interested Party on the Counterclaim. 

Subsequent to this, the Circuit Court granted an application for Garnishee Order nisi. The  Applicant then filed an application to s…

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