ANTHONY KWABENA ANYAN v. THE HIGH COURT, ACCRA

OWUSU, (MS) J.S.C:

This is an application to invoke the supervisory Jurisdiction of the Supreme Court under Article 132 of the constitution, which reads as follows:

“The supreme court shall have supervisory Jurisdiction over all courts and over any adjudicating authority and may in the exercise of that supervisory Jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power.”

The Applicant is seeking an order of certiorari directed to the High Court presided over by J. B. Benson J. to move into this court for the purpose of quashing that part of the ruling of the court dated 10th day of June, 2008, that “the claimant has no interest in the subject matter of this application.”

Before we proceed to deal with the application, we deem it necessary to touch on the title of the application as stated:

“ANTHONY KWABENA ANYAN

TRADING AS ANYAN ENTERPRISE

LIGHT INDUSTRIAL AREA, SOUTH RING ROAD WEST

VRS

HIGH COURT, ACCRA RESPONDENT

PLATINUM HOLDINGS INTERESTED PARTY ”

NO. 59 GRAPHIC ROAD, ACCRA

No issue has been raised in this application on the title as stated but all the same we feel the need to have it corrected. The title, as it is, is not fatal to the application, particularly as the court’s aim is to do substantial justice between the parties and either party would suffer no hardship if the heading of the application is amended. Accordingly, we are inclined to amend the title in the exercise of the court’s general Jurisdiction under Art 129 (4) of the constitution to conform to the usual titles adopted in applications of this nature.

Article 129 (4) of the 1992 constitution reads as follows:

“for the purposes of hearing and determining a matter within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any matter, and for the purpose of any other authority, expressly or by necessary implication given to the Supreme Court by this Constitution or any other law, the Supreme Court shall have all the powers, authority and Jurisdiction vested in any court established by this constitution or any other law.”

“The wrong heading of the application for an order of certiorari could not in any material manner, derogate from the nature of the application itself. Since the supreme court was a court of final resort, in the absence of specific prescriptions in the supreme court rules, 1970 (C113) or any other relevant statute, what was more important was whet