AI Summary

Generated 0 seconds ago

Case Overview

The Republic vs. The High Court, Accra (General Jurisdiction 11) Ex Parte: Anas Aremeyaw Anas Kennedy Ohene Agyapong is a Supreme Court case involving a defamation suit and allegations of judicial bias. The applicant, Anas Aremeyaw Anas, sought to invoke the supervisory jurisdiction of the Supreme Court to quash a High Court judgment.

Area of Law

This case falls under the area of law known as Defamation, specifically focusing on the principles of jurisdiction, judicial bias, and the appropriate use of certiorari.

Key Legal Issue

The central question addressed by the court was whether the trial judge had jurisdiction to hear the case and whether there was an apparent or real likelihood of bias on the part of the judge.

Legal Principles Applied

Key legal principles applied in this case include:

  • Article 132 of the Constitution, 1992
  • Section 5 of the Courts Act, 1993 Act 459
  • Rule 61 of the Supreme Court Rules, 1996, CI.16
  • Section 104 of the Courts Act, 1993

The Ruling

The Supreme Court ruled that the trial judge had jurisdiction to hear the case and that there was no evidence of bias or likelihood of bias on the part of the judge.

Significance

This case is significant for legal practitioners as it clarifies the principles of jurisdiction and judicial bias, and highlights the importance of raising objections to procedural issues in a timely manner to avoid being barred from seeking relief through certiorari.

Defamation

THE REPUBLIC VRS THE HIGH COURT, ACCRA (GENERAL JURISDICTION 11) EX PARTE:ANAS AREMEYAW ANAS KENNEDY OHENE AGYAPONG

J5/72/2023 Supreme Court 2024

Presiding Justice

SACKEY TORKORNOO (MRS.) CJ

Date of Judgment

2nd February 2024

Neutral Citation

[2024] SUPREMECOURT 44

Coram

SACKEY TORKORNOO (MRS.) CJ (Presiding) AMADU JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC ASIEDU JSC

Parties

Plaintiff/Appellant

THE REPUBLIC

Defendant/Respondent

THE HIGH COURT, ACCRA (GENERAL JURISDICTION 11) EX PARTE:ANAS AREMEYAW ANAS KENNEDY OHENE AGYAPONG

Full Judgment

Sign in to view full document

The full text of this document is available to registered members. Join our community of legal professionals today.