THE REPUBLIC
V.
THE HIGH COURT (FINANCIAL DIV. 3), ACCRA {RESPONDENT} EXPARTE: MS ARCH ADWOA COMPANY LTD. {APPLICANT} THE AUDITOR-GENERAL AND THE ATTORNEY-GENERAL

(2019) JELR 65914 (SC)

Supreme Court 10 Apr 2019 Ghana
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- The case involves twin applications of judicial review, namely Certiorari and Prohibition, sought by the Applicants against specific Rulings/Orders of the High Court. - The Applicants want the High Court Judge to be prohibited from determ

Case Details

Suit Number:CIVIL MOTION NO. J5/32/2019
Judges:DOTSE JSC (PRESIDING), YEBOAH JSC, APPAU JSC, PWAMANG JSC, MARFUL-SAU JSC
Counsel:NANA AMA AMPONSAH FOR THE APPLICANT,NANA ABUAA BRENYA OCHERE SENIOR STATE ATTORNEY FOR THE INTERESTED PARTIES/RESPONDENTS

DOTSE, JSC:-

This Ruling is premised upon the twin applications of judicial review, namely Certiorari and Prohibition which the Applicants herein seek against specific Rulings/Orders of the High Court (Financial and Economic Crimes Division 2) presided over by Her Ladyship Justice Afia Serwaa Asare-Botwe (Mrs) dated 23rd day of January 2019 in the Suit intitutled Ms. Arch Adwo Company Ltd. v. Auditor General and Attorney-General and numbered FT/0044/2018.

In the words of the Applicants, they specifically want the said High Court Judge consequent upon the grant of the application for Certiorari to also be prohibited from determining and or adjudicating the suit that is before her.

GROUNDS OF APPLICATION

The grounds upon which the Applicant seeks these reliefs have been stated by them as follows:-

i. “That the High court (Financial and Economic Crime Division – 2) made a jurisdictional error of law apparent on the face of the record when she declined jurisdiction to hear and determine the su…

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