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THE REPUBLIC
V.
THE HIGH COURT

(2024) JELR 111572 (SC)

Supreme Court 28 Feb 2024 Ghana
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- Supreme Court (majority) dismissed the application for certiorari to quash the High Court’s judgment in Anas v. Agyapong, holding that allegations of bias based on the trial judge’s language and findings did not meet the threshold for int

Case Details

Suit Number:CIVIL MOTION NO. J5/72/2023
Judges:SACKEY TORKORNOO (MRS.), CJ (PRESIDING) AMADU, JSC PROF. MENSA-BONSU (MRS.) ,JSC KULENDI ,JSC ASIEDU, JSC
Counsel:ODEI KROW ESQ. FOR THE APPLICANT; RAPHAEL AGYAPONG ESQ. FOR THE INTERESTED PARTY.
Other Citations:(2024) JELR 111834 (HC)

RULING

ASIEDU JSC:

[1]. INTRODUCTION

My lords, the instant application seeks to invoke the supervisory jurisdiction of this court under Article 132 of the Constitution, 1992, section 5 of the Courts Act, 1993 Act 459 and rule 61 of the Supreme Court Rules, 1996, CI.16, for an “order of certiorari directed at the High Court (General Jurisdiction 11), Accra, to bring into this honourable court for the purpose of being quashed, the judgment of the High Court dated the 15th March 2023. The application is premised on basically two main grounds:

(1). Absence of jurisdiction and, (2) Apparent or real likelihood of bias and impartiality on the part of the judge. 

The application is supported by a twenty-six-paragraph affidavit. It is also opposed by an eighteen-paragraph affidavit filed by the Interested Party.

[2]. FACTS

The applicant in this matter issued a writ of summons against the Interested Party (hereinafter referred to as the Defendant) in the High Court, Accra on the 20th November 2018 for…

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