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THE REPUBLIC
V.
HIGH COURT, (GENERAL JURISDICTION) ACCRA EX-PARTE: RICHARD KWABENA AND OTHERS

(2016) JELR 68791 (SC)

Supreme Court 28 Jul 2016 Ghana
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- The case involves an application for judicial review in the nature of certiorari. - The question at hand is whether the trial judge acted within jurisdiction when ordering the defendant to give bail for his appearance in a civil action. -

Case Details

Suit Number:CIVIL APPEAL NO. J5/17/2016
Judges:GBADEBGE JSC (PRESIDING), AKOTO - BAMFO JSC, BENIN JSC, APPAU JSC, PWAMANG JSC
Counsel:KWEKU PAINTSTIL FOR THE APPLICANT; NO APPEARANCE FOR THE INTERESTED PARTY.

JUDGMENT

GBADEGBE JSC

The simple question for our decision turning on the application before us for judicial review in the nature of certiorari is whether the learned trial judge of the High Court acted within jurisdiction when he made an order on February 08, 2016 that the applicant (a defendant to the action before the trial High Court) to give bail for his appearance in a civil action by virtue of Order 73 of the High Court (Civil Procedure Rules), CI 16. From the impugned order, which appears at page 1 of what is loosely described as Exhibit “A” series, the learned trial judge did not as required by the rules afford the applicant, the opportunity of showing cause why he should not provide good and sufficient cause for his appearance in the action. The obligation imposed on the learned trial judge is expressed in the following words of Order 73 rule 1 sub-rule (2) and rule (2) thus:

1. (2). “Where the court is satisfied that the provisions in paragraph (a) or (b) of sub-rule (1) have …

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