Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
HIGH COURT, CAPE COAST EXPARTE: JOHN BONDZIE

(2020) JELR 80038 (SC)    

Supreme Court  ·  CIVIL MOTION NO. J5/74/2019 ·  12 Feb 2020 ·  Ghana
CORAM
DOTSE, JSC (PRESIDING). APPAU, JSC. PWAMANG, JSC. MARFUL-SAU, JSC. KOTEY, JSC

Ratio Decidendi

Core Terms Beta
high court
court
interested party
supreme court
dr bekoe
face of the record
council of state
disciplinary board
learned trial judge
vice chancellor
investigation committee
order of certiorari
winneba act
rules of natural justice
judicial review
supervisory jurisdiction of the supreme court
audi alteram partem
dr samuel ofori bekoe
governing council members
want of jurisdiction
academic board meeting
accra ex-parte
accra ex-parte attorney-general
adjudicating body
applicant’s capacity
decision of the governing council
decision of this court
disciplinary action
district court
enabling act of the interested party
exercise of such jurisdiction issue orders
following reliefs
governing council meeting of the university of education
governing council of the university
jurisdiction of the high court
main grounds
order of prohibition
parte appiah
principles of law
proper person
public universities of ghana
raw facts of this case
representative of convocation
state housing co. ltd
such further order
uew enabling act
vice-chancellor reference section

DOTSE, JSC

In the celebrated case of Republic v. High Court (Fast Track Division); Ex-parte State Housing Co. Ltd. (No. 2) Koranten-Amoako Interested Party, [2009] SCGLR 185 at 190 the Supreme Court, per Wood C. J. stated authoritatively as follows:-

“A party who disables himself or herself from being heard in any proceedings cannot later turn round and accuse an adjudicator of having breached the rules of natural justice.”

In this application before us, the principles of law espoused in the case referred to supra will be called upon as aid in determining whether the Application filed by the Applicant herein, John Bondzie Sey (hereafter) referred to as the Applicant) will succeed.

It must be noted that, in this application before this court, the Applicant’s capacity to mount this application has been founded upon the decision of this court in the case of Federation of Youth Association of Ghana (FEDYAG) v. Public Universities of Ghana and Others [2010] SCGLR at 265 where the court held t…

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