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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 regarding a defamation suit filed by Anas Aremeyaw Anas against Kennedy Ohene Agyapong. The applicant sought an order of certiorari to quash the judgment of the High Court, which dismissed his claims.

Area of Law

This case falls under the area of law known as Defamation.

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, section 5 of the Courts Act, 1993, and rule 61 of the Supreme Court Rules, 1996, as well as the concept of judicial bias and the power of the Chief Justice to transfer cases.

The Ruling

The Supreme Court dismissed the application, holding that the trial judge had jurisdiction to hear the case and that there was no evidence of bias on the part of the judge.

Significance

This case is significant for legal practitioners as it clarifies the principles of judicial jurisdiction and bias, and highlights the importance of adhering to procedural rules in seeking relief from the Supreme Court.

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

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