THE CIRCUIT COURT EX-PARTE: MADAM AKUA BOSOMPEMAA & KOFI NSIAH v. AMMA ADUTWUMWAA

JUDGMENT

DZAMEFE, JA

This is a matter of an application for Judicial Review in the nature of Certiorari filed by Applicants at the High Court, Kumasi, praying for an order of Certiorarito quash a ruling and a judgment of the Circuit Court Kumawu Ashanti dated 12th day of January 2017. The ruling referred to adjudged that the parties to the suit have reached terms of settlement based on which the court entered a consent judgment, as the said decision was made in breach of the rules of natural justice and or error which is apparent on the face of the record.

The applicant Madam Akua Bosompemaa in her affidavit in support to the application averred they were the defendants in a land suit instituted on the 25th of June 2013 at the Circuit Court, Kumawu-Ashanti by the Interested Party, Suit No. AL/08/13 originallyentitled;

Ama Adutwumwa

vrs.

1. Abusuapanin Opoku Sekyere

2. Madam Akua Bosompemaa

3. Kofi Nsiah

The applicant prayed the trial High Court, Kumasi for an orderof Certiorari to quash the decision or consent judgment or the purported consent judgment of the Circuit Court, Kumawu dated 12thJanuary 2017 which was delivered based on a purported “Terms of Settlement” brought into being by strangers to the suit mentioned above. By the said judgment the Circuit Court purports to have adopted terms of settlement as a consent judgment thus makingthem (applicants) liable to re-build the disputed property as a family property for the parties thereto.

The applicants averred further that the Circuit Court which purported to enter the decision complained of was bereft of jurisdiction, the moment it breached the audi alteram parterm rule by reason of the fact that the 2nd and 3rd defendants and the applicants in the suit were not heard by the Court. Their signatures were not on the terms of settlement relied on by the court before it purported to adopt the terms of settlement as a consent judgment. It is her case that, that was an error on the face of the record of the Circuit Court, Kumawu-Ashanti.

The applicant said theywere at all material times the defendants in the suit and that the plaintiff had closed her case and she the applicant gave her evidence–in-chief for the 2nd and 3rd defendants and was under cross examinationwhen thecourt became vacant since the transfer of the judge. There was the need for application and adoption of the proceedingswhen the new judgetook over the case. However,before the adoption ofthe proceedings could be done, some m