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February 7, 2024
HIGH COURT
GHANA
CORAM
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.
AI Generated Summary
Before the High Court of Ghana, His Lordship Justice Daniel Mensah considered applications by the applicants to amend their pending judicial review proceeding and to obtain an extension of time to file the required statement of case. After hearing submissions from counsel for the applicants and for the third respondent, the court found the application had been filed outside the fourteen-day period within which a statement of case ought to be filed under the High Court (Civil Procedure) Rules, C.I. 47. Invoking Order 1 Rule 1(2), the court held that the judicial review application, having been filed without a statement of case, was procedurally incompetent. Concluding that amendment would serve no useful purpose and that the extension request was improper, the court struck out the application and awarded GH¢2,500 costs to each respondent.