The Republic Vrs The High Court, Sekondi (NO. J5/19/09) [2009] GHASC 22 (20 May 2009);

20/05/2009

IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING AT ACCRA ON WEDNESDAY THE 20TH DAY OF MAY, 2009.

CORAM: ATUGUBA J.S.C. (PRESIDING), ADINYIRA, OWUSU, A. YEBOAH & B. BONNIE, JJ.S.C.

CIVIL MOTION

NO. J5/19/09

THE REPUBLIC

VRS

THE HIGH COURT, SEKONDI

EX-PARTE: NICHOLAS BERNARD ASARE

INTERESTED PARTY: DR. K. DUFFOUR

Applicant present.

Ebow Awotwi represents Interested Party.

Joseph Nicholas Nkrumah (with Festus Owusu Baidoo) for applicant.

Thaddeus Sory for Interested Party.

BY COURT:

Upon this application coming up at the last sitting Thaddeus Sory for the interested party reiterated his careful and interesting submissions as to the computation of time for this application. After careful scrutiny of the record however we are driven to accept the applicant’s contention that his application was timeously filed on the 89th day when a new issue of bias though still related to the issue of res judicata previously ruled upon arose. It is the pronouncement of the Judge for closing the issue of res judicata by saying in effect that this court’s Judgment as to some of the issues involved between the same parties was relevant in so far as that action before him was an entirely fresh and inferentially independent one that grounds the present application.

In the circumstances it is difficult to think that the trial Judge having clearly tipped the scales in his mind in regard to that issue still left it open for litigation or at any rate with an unbent mind. For this reason the application is granted. Let this case be listed before another Judge for trial de novo. No order as to costs.

(SGD) W. A. ATUGUBA