Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
THE HIGH COURT, (PROBATE & ADMINISTRATIVE 2), ACCRA EX PARTE: ELIZABETH DARKO

(2021) JELR 109040 (SC)    
Supreme Court  ·  J5/31/2021 ·  9 Jun 2021 ·  Ghana
CORAM
YEBOAH CJ (PRESIDING), PWAMANG JSC, MARFUL-SAU JSC, OWUSU (MS.) JSC, AMADU JSC

Ratio Decidendi

Core Terms Beta
court
application
high court
error of law
registry of the court
3rd interested parties
judicial review
provisions of order
revocation of the grant of probate
deceased person
ex-parte tsatsu tsikata
letters of administration of the estate
position of the court
statement of claim
trial court
accra ex-parte attorney general
applicant's writ
civil procedural law
competent ground
effect of the decision of this court
electoral commission
ex-parte commission
genuine cause of action
instant application
jurisdiction of the court
key issue
legal effect of non-compliance
lips of a judge
order of certiorari
point of procedure
republic of argentina-interested parties
revocation of a grant of probate
said provisions
single order of the court
subject matter
substantial error of law
such orders
sufficient reason
supervisory jurisdiction of the court
supreme court rules
very formulation of rule
virtue of the fact

JUDGMENT

AMADU, JSC

(1) My Lords, the application before us invokes the supervisory jurisdiction of this  court for an order of certiorari to bring up into this Court for purposes of it being  quashed and quashing orders made by the Probate and Administration Division  of the High Court Number 2, in the suit numbered PA 520/2020 and intituled  Elizabeth Darko v. Tracy Opoku Darko and Others. Although on the face of the  motion paper, the Applicant states that the prayer for certiorari is targeted at the  orders made by the High Court, dated Wednesday the 11th day of November  2020, the Applicant has not specified which orders are sought to be quashed. 

(2) This observation is made in view of the prayer set out on the face of the motion  paper. It is clearly stated therein that the application for certiorari is prayed for,  to quash the "orders" of the High Court. This Court has time without number,  pointed out that applications invoking the supervisory jurisdiction of the Court  are tec…

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