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THE REPUBLIC
V.
HIGH COURT, ACCRA EXPARTE: JUSTFAR HOLIDAY RESORT

(2015) JELR 67643 (SC)

Supreme Court 21 Jan 2015 Ghana
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- The applicant is seeking an order to quash a ruling of the High Court and to restrain the judge from further hearing the case. - The application in question relates to a ruling made by Judge Anthony Kwadwo Yeboah on May 29, 2014, in a sui

Case Details

Suit Number:CIVIL APPEAL NO. JS/46/2015
Judges:ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, BAFFOE-BONNIE JSC, GBADGEBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:SAM WOODE ESQ. FOR THE APPLICANT; PETER ZWENNES ESQ. (WITH KINGSLEY GURAH-SEY) FOR THE INTERESTED PARTY.

JUDGMENT

ATUGUBA JSC

The applicant moves this court “for an order for certiorari to quash a ruling of the High Court, 11 Accra delivered by His Lordship, Anthony Kwadwo Yeboah on the 29th day of May 2014 in suit No. C266/2000 between Janmen Co. Ltd and Justfar Holiday Resort Ltd. and to further restrain his Lordship Anthony Kwadwo Yeboah from further hearing the said suit.”

Sometimes the parties refer to an application by the defendant to set aside the Plaintiff’s motion for release of auction sale funds and at times to an application to set aside the ruling allowing the motion for the release of the said funds.

Whatever the nature of the application in issue it is clear that the present application to this court relating to the Ruling of Anthony K. Yeboah dated 29/5/2014 is overtaken by the earlier Ruling of the said Judge dated 17/3/2014, exhibit JCL3 in which the learned Judge recounts the course of applications on both sides relating to this matter.

Inter alia the learned Judge therein…

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