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May 8, 2023
HIGH COURT
GHANA
CORAM
This is an appeal from the decision of the District Magistrate sitting at the District Court, Aflao delivered on the 19/08/2022. In the Notice of Appeal filed on the 29/9/2022 the respondent has attacked the Ruling of the District Court on the following four (4) grounds of Appeal.
Pages 16 and 17 of the record of Appeal.
a. The ruling is manifestly against the weight of overwhelming evidence on record.
b. The Learned trial Magistrate was harsh and failed to give fair hearing to the respondents/appellants when they informed the Magistrate that they have a lawyer to represent them.
c. The Magistrate erred in law for not giving the opportunity to the Respondents/Appellants to put their case across resulting in miscarriage of justice.
d. Further or other grounds of appeal will be filed upon receipt of certified true copy of the record of appeal.
On the 04/04/2023, Counsel for the Respondent/Appellant without the leave of the court filed one (1) additional ground of appeal; 1. That the jurisdiction of the trial court has not been property invoked.
It is trite learning that, Appeals from District Court to the High Court is regulated by Order 51 of C. I. 47 of the High Court Civil Procedure Rules of 2004. And I will like to deal with the additional ground of appeal filed without the leave of the court presently.
The said provision per Order 51 Rule 2(5) states as follows; “The appellant shall not without leave of the court rely on any ground of appeal not stated in the notice of Appeal. ”The counsel for appellant caused to be filed a written submission on the 17/04/2023 where he digested the additional ground of appeal.
Per the additional grounds filed without the leave of the court Counsel prayed the court to declare the whole proceedings before the Magistrate Court Aflao void ab initio.
It is the law that where a statute establishes a condition to be satisfied before a court can assume jurisdiction failure to comply with the condition deprives the court the right to assume jurisdiction and make any order(s). In the case of STEPHEN OBENG YEBOAH & 1 OR.
V. NANA APRAKU MENSAH (2019)GMJ page 92@ 100 CA decided that, “We concede that per rule 8(8) of the court of appeal rules as amended C I 19, the plaintiff required leave of this court to be able to amend his grounds of appeal to include additional grounds……”Now, no notice was made by way of motion to amend and or file additional grounds of appeal.
The failure by counsel to seek leave to argue additiona
AI Generated Summary
Justice Charity A. Asem of the High Court, Ho, determined an appeal stemming from a District Court order ejecting long-term occupants from government Bungalow No. 15 in Aflao. The Attorney General and Ketu South Municipal Assembly sought possession after Comfort Nkegbe, a retired civil servant, remained in accommodation intended as duty-post housing and placed her grandchildren there. The State had reassigned the bungalow to the Ministry of Gender and Social Protection to serve as a shelter for rescued children with NGO rehabilitation funding from Expertise France. The appellants challenged the District Courts decision on grounds including alleged lack of fair hearing and improper jurisdictional invocation, and filed an additional ground of appeal without leave. The High Court found service had been properly effected, that the Rent Magistrates jurisdiction and procedure were valid under Act 220 and C.I. 59, and that the magistrate afforded a fair hearing despite the appellants merely stating they had counsel. Applying Order 51 of C.I. 47, the court dismissed the appeal in limine, affirmed ejectment, directed immediate enforcement by the Registrar, and awarded costs of GH2,000 to the State.