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THE REPUBLIC
V.
HIGH COURT, (PROBATE AND ADMINISRATION DIVISION), ACCRA EX PARTE: PATRICK AGUDEY TEYE (APPLICANT) NOMO AGBOSU DOGBEDA AND 5 OTHERS

(2019) JELR 67495 (SC)

Supreme Court 29 May 2019 Ghana
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- The applicant is seeking an Order of Certiorari to quash the ruling of the High Court on a preliminary point of law raised by the applicant. - The application also seeks an Order of prohibition against the High Court from entertaining, he

Case Details

Suit Number:CIVIL MOTION NO. J5/62/2018
Judges:ADINYIRA (MRS.) JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, PWAMANG JSC
Counsel:KWESI AUSTIN FOR THE APPLICANT; EDWARD SAM CRABBE FOR THE INTERESTED PARTIES/RESPONDENTS.

BAFFOE-BONNIE, JSC:-

The applicant has brought this application before us following the High Court’s ruling delivered by the High Court on a preliminary point of law raised by the said applicant. The application before us is for,

a. An Order of Certiorari to quash the ruling of the High Court, Probate and Administration Division, Accra, dated 10th May, 2018 in suit No. GJ1845/17 and,

b. An Order of prohibition against the High Court from entertaining, hearing or determining the suit No. GJ1845/17 commenced by originating motion on the 14th December, 2017;

Attached to the application was a 24-paragraph affidavit. The grounds for the application are as follows:

1. The High Court, Accra lacks jurisdiction to entertain or determine the Motion/Application filed by the 1-5th. Interested parties herein to set aside the arbitral award dated 29th March, 2012 on grounds of fraud, same having been brought out of time.

2. To the extent that the application to set aside the arbitral award was brought ou…

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