The Republic v. New Juabeng District Assembly & ANOTHER Ex Parte The Registered Trustee of Catholic Church Diocese of Koforidua

SOWAH, (J. A)

This appeal emanates from an application for judicial review by means of declaratory, mandatory and prohibiting orders filed by the applicant/respondent.

The purpose of the application was to compel the 1st respondent by means of mandamus to withdraw a permit granted to the 2nd respondent to build a church on a plot of land.

According to the applicant, the 1st respondent had without notice to interested parties adversely affected, and in illegal circumstances rezoned the layout from residential user and granted a permit to the 2nd respondent.

On 21st July 2016, the High Court, Koforidua granted all the five (5) reliefs sought by the applicant and declared that the 2nd respondent had no interest in the plot therefore the permit granted to it by the 1st respondent for the building of a church auditorium was void.

Aggrieved by the Ruling, the 2nd respondent on 9th August 2016 filed an appeal to this court to set aside the judgment in favour of the applicant/respondent.

Additional grounds of appeal were filed on 9th December 2019 pursuant to leave.

The grounds of appeal are as follows: i. Judgment is against the weight of evidence ii.

Giving the nature of the proceedings, the applicant ought to have come by writ in view of the fact that matters raised in the affidavit were highly contentious iii.

By virtue of the rules on intestacy contained in the Intestates Succession law, PNDC LAW III, Opanin Kwasi Kumah has immediate legal interest in the property and could convey the property without a vesting assent.

In this judgment, the applicant/respondent (i. e. The Registered Trustee of the Catholic Church Diocese of Koforidua) will referred to as ‘the Applicant’; the New Juabeng District Assembly is not an appellant in this appeal and will retain its designation as the 1st respondent, whilst the 2nd Respondent/Appellant (i. e. The Registered Trustee of the International Central Gospel Church, Koforidua) will be called ‘the Appellant’Before specifically addressing the grounds of appeal, it will be helpful to put the appeal in the context of the relevant legal principles that will guide the decision in this appeal.

Judicial Review Judicial review refers to a body of doctrine and legal rules whereby the courts ensure that administrative and public bodies act within the bounds of the legal powers conferred on them and that they do so in accordance with appropriate procedural practices.

Hence, it is a public law remedy as distinguished from pri