Republic Vrs High Court (commercial Division), Accra; Ex-parte: Zwennes and Others [2020] GHASC 52 (28 July 2020)

Republic Vrs High Court (commercial Division), Accra; Ex-parte: Zwennes and Others [2020] GHASC 52 (28 July 2020)

Application for certiorari fails as none of the established grounds for supervisory jurisdiction are met; applicant was given full opportunity to participate, reasons for ruling were subsequently provided, and conflict of interest is substantive; certiorari is discretionary and alternative remedies exist.

Citation
Republic Vrs High Court (commercial Division), Accra; Ex-parte: Zwennes and Others [2020] GHASC 52 (28 July 2020)
Parties
Applicant: Charles Zwennes; Interested Party: Philip Addison; Interested Party: Merlin Gaming Ghana Limited; Interested Party: Eric Gbeho
Court
ghasc
Jurisdiction
Ghana
Judgment Date
28 July 2020
Procedural Posture
Civil Motion / Application for Certiorari Before Supreme Court
Outcome
application dismissed
Legal Topics
Certiorari, Conflict of Interest, Natural Justice, Supervisory Jurisdiction
Source Language
eng
Company Law Civil Procedure Certiorari Conflict of Interest Natural Justice Supervisory Jurisdiction

Case Brief

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Parties

Charles Zwennes

Applicant

Philip Addison

Interested Party

Merlin Gaming Ghana Limited

Interested Party

Eric Gbeho

Interested Party

Procedural Posture

Civil Motion / Application for Certiorari Before Supreme Court

Legal Issues

  1. 1 Whether the High Court ruling disqualifying counsel breached rules of natural justice
  2. 2 Whether failure to assign reasons with the ruling breached constitutional rights
  3. 3 Whether the order breached right to appellate remedy

Ratio Decidendi

Application for certiorari fails as none of the established grounds for supervisory jurisdiction are met; applicant was given full opportunity to participate, reasons for ruling were subsequently provided, and conflict of interest is substantive; certiorari is discretionary and alternative remedies exist.

Court Disposition

application dismissed

Orders

  • Application for certiorari to quash High Court ruling is dismissed.