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THE REPUBLIC
V.
NEW JUABEN DISTRICT ASSEMBLY KOFORIDUA & ANOR. EX-PARTE THE REGISTERED TRUSTEE OF CATHOLIC CHURCH DIOCESE OF KOFORIDUA

(2023) JELR 111239 (SC)

Supreme Court 5 Jul 2023 Ghana
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- This case involves an application for Judicial Review filed by the applicant against the New Juaben District Assembly and the International Central Gospel Church. - The applicant argues that the 1st respondent re-zoned a plot of land with

Case Details

Suit Number:J4.72/2021
Judges:TORKORNOO (MRS.) CJ PWAMANG JSC OWUSU (MS.) JSC ACKAH-YENSU (MS.) JSC ASIEDU
Counsel:SIR STEPHEN ASANTE-ANSONG ESQ. FOR THE APPLICANT/RESPONDENT/ APPELLANT. FRANK G. DONKOR ESQ. FOR THE 2ND RESPONDENT/APPELLANT/ RESPONDENT.
Location:Accra

JUDGEMENT

PWAMANG JSC:-

My Lords, this appeal emanates from an application for Judicial Review filed in the High Court, Koforidua on 1st October, 2015 by the applicant/respondent/appellant (the applicant) against the New Juaben District Assembly. However, the applicant added the Trustees of the International Central Gospel Church of Koforidua as 2nd respondent. It is a highly unusual practice in our jurisdiction to make a private legal entity a respondent to an application for Judicial Review of an administrative action which action was not taken by that private legal entity. Where any person stands to be affected by the outcome of an application for Judicial Review, either of an administrative action or of a decision of a lower court or adjudicatory body, that party is stated in the originating motion as an interested party, which is the term used in Order 55 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) that deals with applications for Judicial Review. We shall address that…

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