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REPUBLIC v. HIGH COURT, HO; EX PARTE EVANGELICAL PRESBYTERIAN CHURCH OF GHANA AND ANOTHER

1991

SUPREME COURT

GHANA

CORAM

  • ADADE Ag. C.J.
  • FRANCOIS
  • AMUA-SEKYI
  • OSEI-HWERE
  • AIKINS JJ.S.C

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The case involves an application for certiorari to quash a High Court ruling on jurisdictional grounds in a dispute involving the Evangelical Presbyterian Church’s internal elections. The High Court initially ruled in favor of the plaintiffs, prompting an appeal and stay of execution by the defendants. Despite the stay, the plaintiffs sought and were granted an interim injunction from the High Court to prevent persecution by the defendants during the appeal. The Supreme Court examined whether the High Court had jurisdiction to entertain the application for injunction. The majority found that the High Court had jurisdiction as the appeal had not been duly entered per procedural requirements. However, dissenting opinion raised concerns about violation of judiciary hierarchy and jurisdiction over non-parties.

JUDGEMENT