Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
HIGH COURT, (FINANCIAL DIVISION 2) ACCRA

(2017) JELR 65773 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J5/9/2017 ·  31 Jan 2017 ·  Ghana
CORAM
ADINYIRA (MRS) JSC PRESIDING, DOTSE JSC, ANIN YEBOAH JSC, GBADEGBE JSC, BENIN JSC

Ratio Decidendi

Core Terms Beta
high court
counsel
interested party
applicants
financial division
accounts of the applicants
supreme court
case
year period
learned trial judge
accountable institution
breach of the rules of natural justice
freezing orders
learned high court judge
statutory period
anti money laundering amendment act
narcotic related offences
xenon investment case
following cases
narcotic drugs
above ruling
application of the decision of the supreme court
better particulars of the said depositions
clear example
decision of the supreme court
excess of the jurisdiction of the court
executive officer of the interested party
ex-parte applications
ex-parte freezing orders
facts of this case
financial intelligence centre v
following banks
following effect
following terms
freezing of the accounts of the applicants
frozen account
grounds of the application
high court criminal court
issue of funds
learned anin-yeboah jsc
memorandum of the law states
order of certiorari
part of the interested party
proper construction of section 23a of act
subject matter of the trial
support of these ex-parte applications
supreme court case

DOTSE, JSC

By this application, the Applicants herein seek an order of Certiorari directed at the High Court, Financial Division 2, Accra to bring into the Supreme Court for the purpose of it being quashed, the Ruling of 3rd August 2016 in Suit No. FTRM/87/15 intitutled Financial Intelligence Centre v. Kofi Appianin Ennin and 3 others.

The grounds upon which the Applicants seek this application have been stated as follows:-

Grounds of the Application

1. The High Court, Financial Division 2 exceeded its jurisdiction when it dismissed the application (filed on 29th June, 2016) to set aside the order for a confirmation of freezing of accounts dated the 16th of June, 2015 and 25th of June, 2015 respectively when the statutory period of 12 months had long lapsed.

2. The High Court, Financial Division 2 exceeded its jurisdiction when it sought to direct or impose directions on how a case involving the 1st Applicant should be tried before the High Court Criminal Court

3. The freezing of all the ac…

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