Customer Support

REPUBLIC
V.
PEKI TRADITIONAL COUNCIL PRACTICE NOTE

(1968) JELR 86898 (HC)

High Court 18 Dec 1968 Ghana
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Judges:FRANCOIS J.
Counsel:A.K. Gikunoo For S. F. Goodhead For the Applicant.
Other Citations:[1968] GLR 1118

Francois J. This is an application for leave to issue a writ of mandamus to compel the Peki Traditional Council to hear and determine a suit pending before it.

When learned counsel for the applicant began his argument, I pointed out that his papers were not in order. Learned Counsel however insisted that they were and urged the application. I have had to consider the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 59, r. 2 (2) which reads as follows:

"(2) An application for such leave as aforesaid shall be made ex parte to the Court, except in vacation when it may be made to a Judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on . . .”

(The emphasis is mine.)

The applicant in my view has not complied with this mandatory requirement by embodying a statement in his motion paper. The practice has always be…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.