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THE REPUBLIC
V.
HIGH COURT, GENERAL JURISDICTION 6, ACCRA EX PARTE: ATTORNEY-GENERAL & ANOR

(2020) JELR 109775 (SC)

Supreme Court 14 Jan 2020 Ghana
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- The Supreme Court (by majority) dismissed Exton Cubic Group Ltd’s application for review, reaffirming that review jurisdiction is not a substitute for appeal and must be based on exceptional circumstances involving fundamental errors resu

Case Details

Suit Number:J7/18/2019
Judges:YEBOAH, CJ (PRESIDING) ANSAH, JSC DOTSE, JSC APPAU, JSC PWAMANG, JSC MARFUL-SAU, JSC KOTEY, JSC
Counsel:OSAFO-BUABENG FOR THE INTERESTED PARTY/APPLICANT WITH HIM SANJAY ANITA MORRISON AND REINDOLF TWUMASI ANKRAH. GODFRED YEBOAH DAME, DEPUTY ATTORNEY-GENERAL FOR THE RESPONDENT WITH HIM VERONICA ADIKO, PRINCIPAL STATE ATTORNEY.

YEBOAH, CJ

My Lords, this application was heard on the 14/01/2020 when by a majority of five with two dissenting, we dismissed the application and reserved our reasons. The facts leading to this application for review appear not to be in dispute. 

The applicant, Exton Cubic Group Limited, filed a motion for judicial review before His Lordship Justice Ackaah-Boafo at the High Court, Accra, to quash a decision of the Minister for Lands and Natural Resources dated the 4th of September 2019.  The basis for invoking the High Court’s jurisdiction for judicial review was that the Minister responsible for Lands and Natural Resources had interfered with the Applicant’s mining concession activities in Kyekyewere, Mpasaaso and Kyereyase in the Ashanti Region.  The applicant had contended that it had successfully applied for and obtained a mining lease for bauxite exploration from the Government of Ghana and the said Minister had unfairly written a letter purporting to cancel the lease the Governme…

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