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THE REPUBLIC
V.
HIGH COURT (COMMERCIAL DIVISION 6), ACCRA (RESPONDENT) EXPARTE: NOWFILL S. LABA (APPLICANT) WISSAM LABA, LOUIS KHATER ABI HABIB KHATER AND LATEX FOAM RUBBER PRODUCTS LTD

(2019) JELR 67983 (SC)

Supreme Court 19 Jun 2019 Ghana
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- The Applicant is seeking an order of Certiorari to quash the orders of the High Court and to prohibit the Judge from hearing the pending suit. - The application is against three Interested Parties, but only two have filed affidavits in op

Case Details

Suit Number:CIVIL MOTION NO. J5/14/2019
Judges:DOTSE JSC (PRESIDING), BENIN JSC, PWAMANG JSC, DORDZIE (MRS) JSC, AMEGATCHER JSC
Counsel:SAMUEL ADU BOAHEN WITH HIM EUNAS ESHUN FOR THE APPLICANT,AUGUSTINE KUDICIL WITH HIM PAA KWAME LARBI FOR THE 1ST AND 2ND INTERESTED PARTIES

RULING

DOTSE, JSC:-

PROLOGUE

This is a Ruling, premised on an application at the instance of Nowfill Solomon Laba, the Applicant herein, seeking an order of Certiorari to quash the orders of the High Court, (Commercial Division 6) dated 27th June 2018 and 2nd November 2018 respectively presided over by Noble-Nkrumah J and also to prohibit the said Judge from hearing suit, No. Misc 0032/2018, pending before the said court.

Even though the application in substance is against all three Interested Parties named herein, it is only 1st and 2nd Interested Parties, Wissam Laba and Louis Khater Abi Habib Khater who have filed and sworn to affidavits in opposition.

The 3rd Interested Party, Latex Foam Rubber Products Limited, the corporate entity founded by the Applicant, and the deceased father of the 1st Interested Party and brother of the Applicant, (and is the reason why the Applicant and Nephew are in court) has for very good reasons in our opinion stayed clear of the ensuing legal quagmire tha…

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