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REPUBLIC v. ACCRA NEW TOWN DISTRICT MAGISTRATE (GRDE I) and another EX PARTE PAPAFIO

December 10, 1969

HIGH COURT

GHANA

CORAM

  • Anterkyi J

Areas of Law

  • Administrative Law
  • Civil Procedure

AI Generated Summary

Anterkyi J addressed the validity of a trial court’s order by invoking Lord Pearce’s seminal statement in Anisminic v Foreign Compensation Commission [1969] 1 All E.R. 208. The judgment explains that jurisdictional errors can arise not only from initial defects but also through departures from natural justice, asking wrong questions, considering irrelevant matters, or failing to conduct the inquiry mandated by statute, rendering decisions nullities. Applying that framework, Anterkyi J determined that the order under scrutiny was made without jurisdiction. The superior court therefore restrained the trial court from acting on the impugned order and directed that it be brought up to be quashed, reflecting supervisory remedies of prohibition and certiorari. The ruling reinforces that orders made ultra vires are void ab initio and must be suppressed to maintain lawful adjudication and respect statutory limits on tribunals.

JUDGEMENT