THE REPUBLIC VRS. HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI (J5/85/2024) [2025] GHASC 4 (22 January 2025)

THE REPUBLIC VRS. HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI (J5/85/2024) [2025] GHASC 4 (22 January 2025)

The High Court was within its jurisdiction to entertain and adjudicate upon the injunction application, as there is no statutory or procedural rule expressly ousting its jurisdiction in the context of fraud-based impeachment proceedings. Any error committed was within jurisdiction and not amenable to judicial review. The application for certiorari and prohibition fails.

Citation
[2025] GHASC 4
Parties
Applicant: Daniel Ofori; Interested Party: Ecobank Ghana Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 January 2025
Case Number
J5/85/2024
Procedural Posture
Civil Motion / Ruling on Application for Judicial Review (certiorari and Prohibition)
Outcome
Application for certiorari and prohibition dismissed (majority); dissenting opinion granted all reliefs sought.
Legal Topics
Jurisdiction, Certiorari, Prohibition, Execution of Judgments, Fraud, Stay of Execution
Source Language
English
Civil Procedure Judicial Review Jurisdiction Certiorari Prohibition Execution of Judgments Fraud Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Daniel Ofori

Applicant

Ecobank Ghana Limited

Interested Party

Procedural Posture

Civil Motion / Ruling on Application for Judicial Review (certiorari and Prohibition)

Legal Issues

  1. 1 Whether the High Court had jurisdiction to entertain an application for interlocutory injunction to restrain execution of a Supreme Court judgment
  2. 2 Whether the High Court acted in excess of jurisdiction by entertaining the injunction application
  3. 3 Whether judicial review (certiorari and prohibition) is available in the circumstances

Ratio Decidendi

The High Court was within its jurisdiction to entertain and adjudicate upon the injunction application, as there is no statutory or procedural rule expressly ousting its jurisdiction in the context of fraud-based impeachment proceedings. Any error committed was within jurisdiction and not amenable to judicial review. The application for certiorari and prohibition fails.

Court Disposition

Application for certiorari and prohibition dismissed (majority); dissenting opinion granted all reliefs sought.

Orders

  • Application for certiorari and prohibition dismissed.
  • No order as to costs.