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THE REPUBLIC
V.
HIGH COURT, ACCRA EX PARTE; DAN ASHIE KOTEY

(2015) JELR 68926 (SC)

Supreme Court 18 Mar 2015 Ghana
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- The Supreme Court unanimously dismissed the application for prohibition, holding that the applicant failed to establish a real likelihood of bias against the trial judge. - The key legal principle affirmed is that an order of prohibition

Case Details

Suit Number:CIVIL APPEAL NO. J5/9/2015
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, ANIN YEBOAH JSC, BAFFOE BONNIE JSC, AKOTO- BAMFO (MRS) JSC
Counsel:THEOPHILUS CUDJOE ESQ. FOR THE APPLICANT; THERESA BOADU ESQ. FOR THE INTERESTED PARTY.

JUDGEMENT

ANSAH JSC

On 17-03-15 this court unanimously dismissed an application by the applicant an order from this court to issue a prohibition order against the trial judge to restrain her from proceeding to hear a matter before her; we intimated to give our reasons for our ruling later. We hereby proceed to do so now.

Pursuant to the provisions of article 132 of the 1992 Constitution, the applicant herein moved this court for an order for prohibition directed at the High Court, Court 23, Accra, presided over by Her Ladyship Mrs. Justice Naa Adoley Azu, prohibiting her from proceeding to hear the case entitled A.G. Boadu v. The Registrar, High Court and others, suit numbered BMISC 501/2014, pending before her.

The grounds of the application as revealed by the motion paper are that:

1.“There is a real likelihood of bias on the part of Her Ladyship Mrs. Justice Naa Adoley Azu against the case of the defendants, as shown by various statements of Her Ladyship the presiding judge even before …

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