Education

Mandamus Cases In Ghana

An order of mandamus is directed at the 2nd respondent to restore an applicants residence or work permit which was cancelled by the second respondent on the basis of a deportation order.

Let’s take a look at an example of a mandamus case.

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Case

Republic Vs. High Court General Jurisdiction ‘5’

The applicants sought to invoke the court’s supervisory jurisdiction for an order of certiorari to quash the decision and order of the high court.

The background facts recounted that the interested party herein, an Indian national, has been lawfully resident in this country for a number of years prior to his deportation from the country on the orders of the 1st applicant herein, the Minister for Interior.

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Following an application made on behalf of the interested party herein, the High Court, presided over by His Lordship, Justice Kweku T. Akaah Boafo revoked the deportation order in a ruling delivered on 31st July 2017.

An application for an order of a Habeas Corpus was granted by the High Court on 4th August 2017, so the interested party was released from custody.

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The Court also directed the interested parties to approach the Comptroller to regularize his stay. Subsequently, on 8th August 2017, the interested party approached the Comptroller for the regularization of his stay in the country by the issuance of a visa and a restoration of his residence/work permit.

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In entirety, the Comptroller did not accede to the interested party’s request, he even refused to accept the processing fee from the interested party.

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Consequently, the interested party went back to the High Court with an application of an or mandamus to compel the Minister and the Comptroller to grant his requests. The reliefs sought to before the High Court were the following;

A declaration that the decision by the 2nd respondent not to accept the application for visa on arrival with the requisite statutory fees is a deliberate attempt to decline to the process the said and that the decision made by the 2nd respondent as an administrative official was not fair.

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An order of mandamus to the 2nd respondent to accept the requisite statutory fees to process the visa on arrival and to issue same.

An order of injunction restraining the respondents, agents, assigns, privies, servants or anyone acting on the authority of the respondents from making any attempt to remove the applicant from the jurisdiction or harrass the applicant in whatever shape or form until this application is heard or disposed off.

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