THE REPUBLIC VS NATIONAL HOUSE OF CHIEFS & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH
Areas of Law
- Civil Procedure
- Administrative Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application to amend a Judicial Review application and for an extension of time to file a Statement of Case. The court found that the application was filed outside the fourteen-day period within which a statement of case should have been filed. The judge determined that granting the amendment would serve no useful purpose due to the lapse of time. Furthermore, the court concluded that the original Judicial Review application was incompetent as it was filed without a statement of case, as required by Order 1 Rule 1 (2) of C I 47. As a result, the court struck out the Judicial Review application and all related processes, including the present application for amendment and extension of time. The court also awarded costs of Two Thousand Five Hundred Ghana Cedis (GH¢2,500) to each of the respondents, to be paid by the applicants.
I have read before and the processes filed in pursuant to the application to amend the Judicial Review application and a 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 3 rd 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.