THE REPUBLIC v. THE JUDICIAL… RESPONDENT EX PARTE: 1. JOHN KOBINA AMISSAH -- APPLICANT 2. ABUSUAPANYIN KOBINA BANAFO –…

The Applicant by a motion on notice filed an application on the 18th day of August, 2021

praying for an order of Prohibition against the Judicial Committee of the Awutu

Traditional Council from hearing the matter filed on 29th day of November 2020 by

Abusuapanyin Kobina Banafo, the Interested Party herein and the Plaintiff in the

Chieftaincy suit entitled:

1. Abusuapanyin Kobina Banafo – Plaintiff

Awutu Bereku

V

1. John Kobina Amissah -- Defendants

2. Kwao Aidoo

3. Monarch Aheto.

The Applicant further prayed for other orders as the Honourable Court will deem fit

and pursuant to ORDER 55 RULES (1)(2)(3)(4) OF 1(C.I. 47). For the avoidance of

doubt, ORDER 55 RULES (1)(2)(3)(4) OF 2(C.I. 47) provides thus:

Rule 1—Cases Appropriate for Application for Judicial Review

An application for

(a) an order in the nature of mandamus, prohibition, certiorari or quo

warranto; or

(b) an injunction restraining a person from acting in any public office in

which the person is not entitled to act; or,

(c) any other injunction,

shall be made by way of an application for judicial review to the High Court.

Rule 2—Orders Obtainable by Judicial Review

(1) On the hearing of an application for judicial review the High Court may

make any of the following orders as the circumstances may require

(a) An order for prohibition, certiorari or mandamus;

(b) An order restraining a person from acting in any public office in

which that person is not entitled to act;

(c) Any other injunction;

(d) A declaration;

(e) Payment of damages.

(2) In granting an injunction or making a declaration under paragraphs (c) or (d)

of subrule (1) of this rule the Court shall have regard to

(a) The matter in respect of which relief may be granted by way of

prohibition, certiorari or mandamus;

(b) The nature of the persons against whom relief may be granted by way

of the order; and

(c) Whether in all the circumstances of the particular case it would be just

and convenient to grant an injunction or make a declaration on an

application for judicial review.

(3) The Court on an application for judicial review, may award damages to the

applicant if the applicant makes a case for damages and if in the opinion of the Court

such damages arise from a matter to which the application relates and damages would

have been awarded to the applicant in an action begun by the applicant at the time of

making the application.

Rule 3—Time for making Application

(1) The application for