REPUBLIC v. HIGH COURT ACCRA

RULING

ATUGUBA J.S.C.

The facts

The applicant and the interested party were granted a divorce decree on the 23rd day of September, 2009 by the High Court (Court 20), Accra subject to the determination of ancillary reliefs. The applicant having remarried, was minded to bring his new wife to the former matrimonial home. The interested party claiming exclusive ownership of the said home filed a motion on the 4th day of July, 2013 “praying the Court for an order of interlocutory injunction to restrain the Respondent/respondent herein or his agents, privies, assigns and whomsoever from bringing into the matrimonial house, House No. 233, Airport West, Dzorwulu, Accra and any of the buildings listed as being in dispute in this matter, the woman the respondent has recently married, or any other woman to cohabit or live therein or for any purpose and from harassing and intimidating the petitioner pending the final determination of the suit.”

The motion eventually came before Elizabeth Ankumah J as vacation judge sitting in High Court ( Court 9), Accra. Though the applicant attended court his counsel, Edward Anokye, did not, but sought adjournments on grounds of ill health. Both sides having filed their affidavits the motion was fixed for Ruling on the 2nd day of September, 2013. However, the applicant, on account of the alleged ill health of his said counsel, filed a motion in this (Supreme) Court on the 28th day of September, 2013 per David K. Adade Boafo , “ for judicial review by way of an order for Prohibition directed at the High Court, Accra, presided over by Her Ladyship Justice Elizabeth Ankama (sic) restraining the Court from giving a Ruling in respect of an application for an order for interlocutory injunction dated 4th July, 2013, filed by the Interested Party herein which has been fixed for Ruling on 2nd September, 2013, in a Petition entitled Nana Yaa Konadu vrs. Alhaji Abdul Rashid – Suit No. BDMC 164/09, in which the Applicant herein is Respondent/Respondent therein.

THE GROUNDS FOR THE APPLICATION ARE AS FOLLOWS:

The High Court, Accra, a vacation Court, erred by insisting on going ahead to hear and give a Ruling in the absence of counsel for Applicant herein when he had written to the Court indicating that he wanted to rest during the vacation and alluded to his health in the said letter and thus denying the Applicant a hearing through his counsel.

The High Court, Accra erred by issuing a directive to the Applicant’s counsel to attend court w