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THE REPUBLIC
V.
CIRCUIT COURT ACCRA EX PARTE: GIFTY OWARE-ABOAGYE

(2015) JELR 107385 (HC)

High Court 30 Nov 2015 Ghana
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- The applicant sought a declaration from the High Court that a restraining order issued by the Circuit Court Accra was made without jurisdiction and breached the audi alterem partem rule, and should therefore be quashed. - The restraining

Case Details

Suit Number:HRCM 4/2016
Judges:DENNIS ADJEI
Counsel:Ms Ofosua Amagyei holding the brief of Nana Asante Bediatuo for the applicant; Cecil Adadevor (PSA) for the Respondent.

JUDGMENT

ADJEI, J.

The applicant is before this Court to invoke its supervisory jurisdiction over the Circuit Court with respect to the application granted by a Circuit Court Accra in suit no. 21/140/16 entitled “Motion Ex parte: for application for order to stop LET MY VOTE COURT ALLIANCE’, Alliance for Accountable Governance (AFAG). The movement for change, coalition for Free, Fair and Transparent Elections from Demonstrating on the 29/09/2015, Public Order Act 1994 Section 1(6).

The applicant is seeking from this court a declaration that the restraining order of the Circuit Court Accra dated 28th September, 2015, was made without jurisdiction and it also breached the audi alterem partem rule and should be quashed by an order of certiorari.

The facts of the applicant’s case is that on 1st September, 2015 a movement in which she is a member and known as “Let my Vote Count Alliance” wrote to the Police in accordance with Section 1 of the Public Order Act, 1994 (Act 491) to notify th…

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