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THE REPUBLIC
V.
LANDS COMMISSION EX PARTE; NICHOLAS NORTEY, DANIEL ADDOQUAYE ADDO AND BENJAMIN TETTEH OLEWOLON

(2017) JELR 66091 (CA)

Court of Appeal 9 Mar 2017 Ghana
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- The case involves an appeal to set aside an Order of Mandamus granted by the High Court. - The trial judge dismissed the application to set aside the order, stating that the recovery of possession and judgment obtained by the defendants w

Case Details

Suit Number:CIVIL SUIT NO: H1/32/2017
Judges:MARIAMA OWUSU J.A., MARGARET WELBOURNE J.A., CECILIA H. SOWAH J.A.
Counsel:CLARENCE TAGOE FOR APPELLANT/APPELLANT, PROSPER NYAHE FOR RESPONDENT
Location:Accra

MARIAMA OWUSU J.A.

Order 55 of the High Court (Civil Procedure) Rules, 2004, C. I. 47 deals with cases appropriate for judicial review. Order 55 (1) provides that:

a. An order in the nature of mandamus, prohibition, certiorari or quo warranto, or

shall be made by way of an application for judicial review to the High Court.

Order 55 Rule 4 (2) and 5 (1) provides that:

“4 (2). The motion shall be supported by an affidavit by or on behalf of the applicant which shall contain the following:

d. The full name, description and address for service of the person directly affected by the application.

5 (1) Notice of the application shall be served on all parties named in the applicant’s affidavit as being directly affected by it.

(2) The court may order that notice of the application shall be served on any person not named as being directly affected by the application if in its opinion it is desirable that the person be given notice”

The applicant/appellant in this appeal (hereinafter referred to as app…

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