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THE REPUBLIC
V.
HIGH COURT, FINANCIAL DIVISION EX PARTE NICHOLAS ANAMON AND ANOTHER

(2018) JELR 68874 (SC)

Supreme Court 24 Oct 2018 Ghana
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- The case involves an application for judicial review by way of an order of certiorari. - The applicant is seeking to quash the ruling of the High Court granting an application for stay of execution pending appeal. - The applicant argues t

Case Details

Suit Number:CIVIL MOTION NO. J5/68/2017
Judges:AKUFFO (MS) CJ (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, YEBOAH JSC, BAFFOE-BONNIE JSC
Counsel:ALEXANDER KWAMENA AFENYO-MARKIN FOR THE APPLICANT; CHARLES WILCOX OFORI WITH NANA AKUA ADUBEA SAKYI AND ABU ISSA FOR THE INTERESTED PARTY/RESPONDENT.

JUDGMENT

BAFFOE-BONNIE, JSC

The Application before us is for judicial review by way of an order of certiorari under article 132 of the 1992 Constitution and rule 61(1) of C.I. 16 as amended by C.I. 24. , praying for an order, to bring up into the court for the purpose of being quashed, the ruling of the High Court, Coram: Her Ladyship Justice Afia Serwaa Botwe, dated 9th of April, 2018, granting an application for stay of execution pending appeal.

The grounds for the application as stated by the applicant are

a. “That the High Court lacked jurisdiction when it continuously froze the applicants account under the guise of “Stay of Execution pending Appeal” when the statutory period of 12 months had lapsed and the same Court had in an earlier ruling dated 19th day of March 2018 ordered for the defreezing (sic) of the Applicant’s account after the applicant had been acquitted and discharged by the said Court of all criminal charges brought against him by the interested party.
b. That the ruli…

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