Ratio DecidendiRatio DecidendiRatio Decidendi



SETH KWAME AWUKU ESQ
V.
THE GENERAL LEGAL COUNCIL & THE ATTORNEY-GENERAL

(2016) JELR 107434 (HC)    
High Court  ·  HRCM/2/016 ·  2 Jun 2016 ·  Ghana
CORAM
DENNIS ADJEI

Ratio Decidendi

Core Terms Beta
supreme court
applicant
constitution
reliefs
article
law
declaration
high court
roll of lawyers
section 16a of the legal profession act
application
case
section
abuse of the process of the court
exclusive original jurisdiction of the supreme court
general legal council
order
question
2nd respondent
appropriate fees
courts act
exclusive original jurisdiction
filing of processes
ghana
interpretation of the constitution
legal profession act
matters
ontario bar
relief
supreme law of ghana
1st respondent
attention of the general legal council
attorney general
civil proceedings
constitutional interpretation
decision of the general legal council
fees
filing fees
general legal council acting
good character
important issue
jurisdiction of the high court
legal profession
main thrust of the matter
name of the applicant
outcome of the interpretation
substantive relief

RULING

ADJEI, J.

The Applicant filed this application under order 55 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) praying for an

“(a) An Order of Certiorari directed to the General Legal Council for the purpose of quashing its ruling dated 15th June, 2015
(b) An order of mandamus directed to the General Legal Council to restore his name to the roll of lawyers and
(c) A declaration that Section 16 A of the Legal Profession Act 1960, (Act 32) is inconsistent and incompatible with the provisions of  the Constitution of the Republic of Ghana, 1992 which is the Supreme Law of Ghana”.

The facts of the Applicant’s case were that his name was struck out from the roll of lawyers by the Law Society of Upper Canada which he was a member. He was admitted to the Ontario Bar to practice law in Ontario Bar to practice law in Ontario, Canada in 1999. By virtue of being a lawyer in Canada, the applicant had the opportunity to do Post Call Law Course in Ghana after which he was admitte…

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