Republic Vrs National House Of Chiefs And 2 Others Ex -Parte Agyeman And 2 Others (10/03/2023) [2024] GHAHC 245 (7 February 2024)
The application fails as it was filed outside the fourteen-day period required for filing a statement of case, rendering the Judicial Review application incompetent.
Source-derived case information.
- Citation
- Republic Vrs National House Of Chiefs And 2 Others Ex -Parte Agyeman And 2 Others (10/03/2023) [2024] GHAHC 245 (7 February 2024)
- Parties
- Applicant: Togbe Kwasinyi Agyeman; Applicant: Zikpuitor Foster Norgbedzi; Applicant: Zikpuitor Vincent Fiagbenu; Respondent: National House of Chiefs; Respondent: Volta Regional House of Chiefs; Respondent: Atiemo James Emmanuel Fiagbenu
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 7 February 2024
- Procedural Posture
- Judicial Review / Ruling on Application to Amend and for Extension of Time
- Outcome
- Application struck out as incompetent
- Legal Topics
- Judicial Review, Amendment of Pleadings, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Togbe Kwasinyi Agyeman
Applicant
Zikpuitor Foster Norgbedzi
Applicant
Zikpuitor Vincent Fiagbenu
Applicant
National House of Chiefs
Respondent
Volta Regional House of Chiefs
Respondent
Atiemo James Emmanuel Fiagbenu
Respondent
Procedural Posture
Judicial Review / Ruling on Application to Amend and for Extension of Time
Legal Issues
- 1 Whether the application to amend and for extension of time to file a statement of case is competent
- 2 Whether the Judicial Review application is valid without a statement of case
Ratio Decidendi
The application fails as it was filed outside the fourteen-day period required for filing a statement of case, rendering the Judicial Review application incompetent.
Court Disposition
Application struck out as incompetent
Orders
- Judicial Review application and all processes founded on it struck out
- Cost of GH¢2,500 awarded in favour of each respondent against the applicants
Full Case Text
Judgment text and source record
1 paragraphs
THE HIGH COURT OF JUSTICE, HELD IN SOGAKOPE ON WEDNESDAY THE 7TH DAY OF FEBRUARY, 2024 BEFORE HIS LORDSHIP JUSTICE DANIEL MENSAH, JUSTICE OF THE HIGH COURT. ========================================================= SUIT NO: E10/03/2023 THE REPUBLIC VS 1. NATIONAL HOUSE OF CHIEFS 2. VOLTA REGIONAL HOUSE OF CHIEFS RESPONDENTS 3. ATIEMO JAMES EMMANUEL FIAGBENU EX-PARTE: 1. TOGBE KWASINYI AGYEMAN 2. ZIKPUITOR FOSTER NORGBEDZI APPLICANTS 3. ZIKPUITOR VINCENT FIAGBENU ========================================================= PARTIES: APPLICANTS PRESENT. 3RD RESPONDENT PRESENT. 1ST AND 2ND RESPONDENTS REPRESENTED BY RAYMOND KUMALOR. COUNSELS: MR. ROLAND BUADI ATTAFUAH, ESQ., HOLDING BRIEF FOR MR. O.K. OSAFO BUABENG, ESQ., COUNSEL FOR APPLICANTS- PRESENT. MR. WOGBE KWASHIE, ESQ. COUNSEL FOR 1ST AND 2ND RESPONDENTS PRESENT. - PRESENT. 1 MR. EVANS DJIKUNU, ESQ., COUNSEL FOR 3RD RESPONDENTS - PRESENT. ========================================================= R U L I N G I have read before and the processes filed in pursuant to the application to amend the Judicial Review application anda for extension of time to file a Statement of Case and upon hearing the submissions urged upon me by Counsel for the applicants and the 3rd respondent herein, I have formed the view that the application fails when same had been filed outside the fourteen (14) days within which a statement of case ought to be filed. In that regard it would serve no useful purpose to grant the said amendment only to be confronted with the lapse of time to file a statement of case. Perhaps it is to cure the said mischief that the applicant had filed application for amendment and for extension of time to file a statement of case which is improper. I have had recourse to Order 1 Rule 1 (2) of C I 47 and come to a conclusion that the present application for Judicial Review is incompetent having been filed without a statement of case. It is in this vein that I would struck out same and any processes founding on it including the present application for amendment of the judicial review and extension of time to file a statement of case. Cost of Two Thousand Five Hundred Ghana Cedis (GH¢2,500) is awarded in favour of each of the respondents against the applicants. (SGD.) H/L JUSTICE DANIEL MENSAH, ESQ. JUSTICE OF THE HIGH COURT. 2