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            ACTS OF GHANA

                     SECOND  REPUBLIC

 

AUDITOR-GENERAL (DISALLOWANCE AND SURCHARGE APPEAL) RULES, 1971 (CI 22)

ARRANGEMENT OF RULES

Rule

1. Appeal to the High Court.

2. Notice and grounds of Appeal.

3. Auditor-General to file audit observations in High Court.

4. Evidence.

5. Appearance of counsel.

6. Enactments relating to Civil Appeals to apply.

7. Court to give general directions.

IN exercise of the powers conferred on the Rules of Court Committee by clause (9) of article 135 of the Constitution these Rules are made this 3rd day of July, 1971.

Rule 1—Appeal to the High Court.

Any person aggrieved by any disallowance or surcharge made by the Auditor-General under clause (6) (b) of article 135 of the Constitution or by a Person appointed by him may within thirty days after he has been notified of such disallowance or surcharge appeal to the High Court of Justice (in these Rules referred to as "the Court") against such disallowance or surcharge.

Rule 2—Notice and Grounds of Appeal.

(1) An appeal lodged under Rule 1 of these Rules shall be by notice filed with the Registrar of the Court.

(2) The notice shall set forth the grounds of appeal and shall be accompanied by such documents (if any) as are relevant to the subject matter of the appeal.

(3) A copy of the notice of appeal shall be served on the Auditor-General and on such other persons as the Court may direct.

Rule 3—Auditor-General to File Audit Observations in High Court.

The Auditor-General shall within fourteen days after service upon him of the notice of appeal file with the Registrar of the Court a certified copy of that part of the observations made by him or such other person appointed by him in respect of the disallowance or surcharge supported by such other documents (if any) as are relevant to the subject matter of the appeal.

Rule 4—Evidence.

(1) The appellant, the Auditor-General, and with leave of the Court any other person on whom notice is served under Rule 2 of these Rules shall be entitled to call any witness in support of his case.

(2) The Court may call any witness whose evidence is in the opinion of the Court likely to be relevant to the appeal before it.

(3) The Court may also receive evidence by affidavit.

Rule 5—Appearance of Counsel.

The appellant, the Auditor-General and with leave of the Court any other person on whom notice is served under Rule 2 of these Rules, may appear in person or by counsel.

Rule 6—Enactments Relating to Civil Appeals to Apply.

Subject to these Rules any enactment relating to the hearing of civil appeals by the Court shall, with such modifications as the Court may direct, apply to appeals brought under these Rules.

Rule 7—Court to give General Directions.

The Court may give such directions for the purposes of an appeal brought under these Rules as in the opinion of the Court the justice of the case may require.

E. A. L. BANNERMAN

Chairman

G. S. LASSEY

Justice of Appeal, Member

NENE AZZU MATE KOLE

Councillor of State, Member

JAMES MERCER, Member

SIMON K. SOTOMEY, Member

S. K. TETTEH, Member

KOI O. LARBI

Justice of the Supreme Court, Member

VICTOR OWUSU

Attorney-General, Member

R. J. HAYFRON-BENJAMIN

Justice of the High Court, Member

J. QUASHIE-IDUN, Member

JOE REINDORF, Member

E. S. AIDOO

Judicial Secretary, Secretary

Date of Gazette Notification: 21st July, 1971.

 

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