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THE REPUBLIC
V.
THE REGISTRAR OF BIRTHS & DEATHS EX PARTE: PHILIP K. AMOH URSULA AMOH

(2017) JELR 64501 (HC)

High Court 5 Sep 2017 Ghana
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- The case revolves around the question of whether the Applicants filed their application for judicial review out of time according to Order 55 Rule 3 of the High Court Civil Procedure Rules, 2004 C.I. 47, and therefore their rights have ex

Case Details

Suit Number:SUIT NO: GJ/751/2017
Judges:JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:IRIS K. AGGREY-ORLEANS FOR THE APPLICANT; MS. ENID MARFUL SAU FOR THE RESPONDENT.

ACKAAH-BOAFO, J.

i. Introduction/Overview:

[1] The primary question for resolution in this legal objection is whether the Applicants have filed the instant application for judicial review out of time pursuant to Order 55 Rule 3 of the High Court Civil Procedure Rules, 2004 C.I. 47 and therefore their rights have extinguished.

[2] The facts of this case are free from complexity. On May 19, 2017 the Applicants filed at the registry of this Court a Motion on Notice for Judicial Review pursuant to Order 55 of the High Court Civil Procedure Rules, 2004 C.I. 47 for an order in the nature of Mandamus to compel the Registrar of Births and Deaths to register the birth of their son. The contention of the Applicants is that following the birth of their son on June 4, 2016 at the Korle Bu Teaching Hospital they chose to name him Nana Kwame Boateng Amoh.

[3] From the affidavit evidence on record, the Applicants say on September 13, 2016 “we attempted to register the birth of our son...but the official…

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