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THE REPUBLIC
V.
HIGH COURT, GENERAL JURISDICTION “2”, ACCRA (RESPONDENT) EX-PARTE ALHAJI HALIDOU ABOUBAKAR (APPLICANT) [KING GEORGE ENTERPRISE INTERESTED PARTY]

(2019) JELR 67357 (SC)

Supreme Court 3 Jul 2019 Ghana
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- The applicant has invoked the supervisory jurisdiction of the court to prohibit a judge from continuing to hear a suit. - The applicant alleges that the judge has shown open bias against him and his lawyer during the trial. - The grounds

Case Details

Suit Number:CIVIL MOTION NO. J5/36/2019
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, MARFUL-SAU JSC, KOTEY JSC
Counsel:FELIX QUARTEY FOR THE APPLICANT,JOHN F. APPIAH FOR THE INTERESTED PARTY/RESPONDENT

MARFUL-SAU, JSC

The applicant before us has invoked the supervisory jurisdiction of this court under article 132 of the Constitution praying that we do prohibit His Lordship Justice Daniel Mensah, sitting at the High Court, General Jurisdiction Division, Accra from continuing to hear the suit titled Alhaji Halidou Aboubakar v. King George Enterprise, suit no. AL/120/2010. The basis of applicant’s case is that the said Judge has shown open bias against him and his lawyer during the trial.

We observed that even though applicant failed to clearly set out the grounds of the application as required by rule 61 (2) of the Rules of this Court, the main grounds may be deduced from the affidavits in support of the application as follows: -

(a) That when the trial court went to the locus on the 21st January 2019, the driver of the Interested Party herein approached the Judge and introduced himself as an indigene of the town, where the Judge is the Paramount Chief. The said driver further informed t…

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