Republic Vrs High Court, Accra - Ex Parte: Danso and Others [2015] GHASC 150 (22 January 2015)

Republic Vrs High Court, Accra - Ex Parte: Danso and Others [2015] GHASC 150 (22 January 2015)

Applicants were not parties to the action at the time of settlement as their joinder application had not been granted; thus, their right to be heard was not breached and no procedural impropriety occurred. Certiorari does not lie.

Citation
[2015] GHASC 150
Parties
Applicant: Joseph Danso; 1st Interested Party: New Patriotic Party (NPP); 2nd Interested Party: The Electoral Commission; 3rd Interested Party: Kwame Owusu Ansah; 4th Interested Party: Sarpong Kumankuma; 5th Interested Party: Anthony Gyamfi-Ameyaw
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 January 2015
Procedural Posture
Civil Motion for Judicial Review (certiorari) / Ruling on Application for Certiorari
Outcome
application for certiorari refused
Legal Topics
Right to Fair Hearing, Joinder of Parties, Consent Judgment, Procedural Impropriety
Source Language
English
Constitutional Law Civil Procedure Right to Fair Hearing Joinder of Parties Consent Judgment Procedural Impropriety

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Parties

Joseph Danso

Applicant

New Patriotic Party (NPP)

1st Interested Party

The Electoral Commission

2nd Interested Party

Kwame Owusu Ansah

3rd Interested Party

Sarpong Kumankuma

4th Interested Party

Anthony Gyamfi-Ameyaw

5th Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether failure to hear applicants on settlement due to pending joinder application amounts to breach of right to fair hearing
  2. 2 Whether procedural impropriety occurred justifying certiorari

Ratio Decidendi

Applicants were not parties to the action at the time of settlement as their joinder application had not been granted; thus, their right to be heard was not breached and no procedural impropriety occurred. Certiorari does not lie.

Court Disposition

application for certiorari refused

Orders

  • application for judicial review in the nature of certiorari is refused