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THE REPUBLIC
V.
THE ATTORNEY-GENERAL AND THE COMMUNITY TRIBUNAL EX-PARTE: OPANIN KOFI TWUMASI

(2004) JELR 64543 (CA)

Court of Appeal 7 May 2004 Ghana
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- The appellants filed an application for a prerogative order of certiorari and prohibition in the High Court, Sunyani, which was dismissed. - The appellants appealed the decision, citing several grounds including the failure of the High Co

Case Details

Suit Number:CIVIL APPEAL NO. 113/2001
Judges:ANSAH J.A. [PRESIDING], TWENEBOA-KODUA J.A., OSEI J.A.
Counsel:ERIC AGBOLOSO FOR RESPONDENTS ,KWASI BLAY FOR APPELLANTS

JUDGMENT

TWENEBOA-KODUA, J.A.

On 6 December 1999, the High Court, Sunyani delivered a ruling dismissing an application brought by the appellants herein for a prerogative order of certiorari to bring up a bill of indictment filed by the Attorney-General and pending before the Community Tribunal, Sunyani against the appellants for a review, and [if bad] to be quashed. In the same application, the appellants had similarly sought the order of prohibition to prevent or stop the on-going Committal proceedings in the said Community Tribunal against the appellants. That prayer was also firmly refused. Aggrieved by and dissatisfied with the decision of the High Court, the appellants launched this appeal on 8 December 1999 on grounds formulated as follows—

"(a) since the respondents/respondents never denied or challenged the applicants/appellants' affidavit in support of the motion, the learned High Court Judge erred in law in not giving judgment against the respondents/respondents.

(b) The learned…

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