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THE REPUBLIC
V.
FINANCIAL INTELLIGENCE CENTRE; EX-PARTE: KENNETH KING KABUTEY

(2017) JELR 65703 (HC)

High Court 6 Jul 2017 Ghana
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- The case involves a judicial review by way of certiorari. - The Respondent raised a legal objection that the application was filed out of time, but failed to provide evidence to support this claim. - The Applicant is a businessman who dea

Case Details

Suit Number:SUIT NO HRCM 55/15
Judges:JUSTICE GIFTY AGYEI ADDO HIGH COURT JUDGE
Counsel:CYNTHIA STORPH-TAGOE FOR THE APPLICANT; C. A. CHAMBERS (WITH HIM IS SOAAD BRAIMAH) FOR THE RESPONDENT.

JUDGMENT

On 16th June, 2017, I delivered a ruling on the preliminary issue the Court raised suo motu regarding the action having been mounted against the chief executive officer of the Financial Intelligence Centre (FIC) instead of the latter. The Applicant having amended the Respondent’s name to reflect Financial Intelligence Centre, l shall proceed to deliver my Judgment on the merits of the application. The application is for judicial review by way of certiorari.

Before the substantive application for judicial review could be determined, the Respondent raised a legal objection to the application for judicial review. One of the grounds for the objection was that the application had been filed out of time in that the action was instituted way after the six-month period when the Applicant’s right of action accrued contrary to Order 55 Rule 3 (1) of C.I. 47. Per the Court’s ruling dated 24th February, 2017, the legal objection was overruled based on the reasoning that same could only be …

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