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THE REPUBLIC
V.
HON. AMBROSE DERY AND KWAME TAKYI EX PARTE: ASHOK KUMAR SIVARAM

(2017) JELR 65990 (HC)

High Court 31 Jul 2017 Ghana
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- The case involves a challenge to the decision of the Minister for Interior to deport an Indian national from Ghana. - The applicant argues that the Minister exceeded his powers and that the deportation order was illegal. - The applicant c

Case Details

Suit Number:SUIT NO: GJ/1034/2017
Judges:JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:GARY NIMAKO MARFO WITH NANABANIN ACKON FOR THE APPLICANT,MS. JASMIN ARMAH WITH PETER NANTOO (ASSISTANT COMMISSIONER)FOR THE RESPONDENTS

i. Introduction/Overview:

[1] The primary question for resolution in this application is whether the Minister for Interior, the Honourable Ambrose Dery exceeded the powers conferred on him by his decision to deport an Indian National from Ghana on June 1, 2017. That decision was implemented by the 2nd Respondent, Mr. Kwame Takyi, the Comptroller of Immigration.

[2] The Supreme Court per Adinyira JSC aptly stated the law that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment and to prevent a biased judge from hearing a suit upon satisfactory proof of breach of any principles of the rules of natural justice[1].

[3] This is an application brought under Order 55 Rules 2 and 7 of the High Court (Civil Procedure), 2004 (CI 47) invoking the supervisory jurisdiction of this court for judicial review in the nature of Certiorari to quash the Order of the 1 Respondent, Minister of Interior made on May 15, 2017 and implemented on…

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