The Republic Vrs High Court, General Jurisdiction 6, Accra Ex Parte: Attorney-general Exton Cubic Group Limited [2020] GHASC 97 (14 January 2020)

The Republic Vrs High Court, General Jurisdiction 6, Accra Ex Parte: Attorney-general Exton Cubic Group Limited [2020] GHASC 97 (14 January 2020)

The majority held that the applicant failed to demonstrate exceptional circumstances or fundamental error in the ordinary bench's decision to warrant review. The dissenting opinions found that the ordinary bench committed fundamental errors by misapplying the law on administrative fairness and the legal effect of unratified mining leases, resulting in a miscarriage of justice. However, the majority's refusal to grant review stands as the disposition.

Citation
The Republic Vrs High Court, General Jurisdiction 6, Accra Ex Parte: Attorney-general Exton Cubic Group Limited [2020] GHASC 97 (14 January 2020)
Parties
Applicant/respondent: Attorney-General; Interested Party/applicant: Exton Cubic Group Limited
Court
ghasc
Jurisdiction
Ghana
Judgment Date
14 January 2020
Procedural Posture
Civil Motion for Review (judicial Review) / Supreme Court Review of Prior Supreme Court Ruling on Certiorari
Outcome
Application for review dismissed by majority; review refused.
Legal Topics
Judicial Review, Administrative Fairness, Mineral Rights, Parliamentary Ratification, Audi Alteram Partem, Certiorari, Ministerial Powers, Due Process
Source Language
eng
Administrative Law Constitutional Law Natural Resources Law Judicial Review Administrative Fairness Mineral Rights Parliamentary Ratification Audi Alteram Partem +3 more

Case Brief

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Parties

Attorney-General

Applicant/respondent

Exton Cubic Group Limited

Interested Party/applicant

Procedural Posture

Civil Motion for Review (judicial Review) / Supreme Court Review of Prior Supreme Court Ruling on Certiorari

Legal Issues

  1. 1 Whether the Supreme Court's ordinary bench erred in quashing the High Court's order that set aside the Minister's revocation of mining leases granted to Exton Cubic Group Limited.
  2. 2 Whether the Minister for Lands and Natural Resources acted ultra vires and in breach of due process in revoking mining leases without notice or hearing.
  3. 3 Whether the absence of parliamentary ratification renders a mining lease void ab initio.

Ratio Decidendi

The majority held that the applicant failed to demonstrate exceptional circumstances or fundamental error in the ordinary bench's decision to warrant review. The dissenting opinions found that the ordinary bench committed fundamental errors by misapplying the law on administrative fairness and the legal effect of unratified mining leases, resulting in a miscarriage of justice. However, the majority's refusal to grant review stands as the disposition.

Court Disposition

Application for review dismissed by majority; review refused.

Orders

  • Application for review is refused as unmeritorious.
  • No order as to costs.