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REPUBLIC v. CIRCUIT COURT JUDGE, ACCRA; EX PARTE SAKARA

1990

SUPREME COURT

GHANA

CORAM

  • FRANCOIS
  • WUAKU
  • AMUA-SEKYI
  • OSEI-HWERE
  • AIKINS JJ.S.C

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Administrative Law

AI Generated Summary

The Supreme Court of Ghana, per Amua‑Sekyi J.S.C., reviewed a Circuit Court refusal to exercise jurisdiction over a landlord–tenant suit seeking rent of ¢400 per month and recovery of possession. Circuit Court Judge Beatrice Agyeman‑Bempah declined jurisdiction and refused to enter judgment in the undefended suit, relying on P.N.D.C.L. 138 and the High Court’s decision in Ex parte Tay. The court held that Act 372 section 32(1)(a)(ii)-(iii) confers jurisdiction over landlord–tenant possession actions without regard to rent amount; section 6(1) of P.N.D.C.L. 138 provided only a temporary bar until 6 March 1987; and section 9(c) of P.N.D.C.L. 138, as amended by P.N.D.C.L. 163, did not impliedly oust courts’ jurisdiction under Act 372 or section 17 of Act 220. Administrative circulars and criticisms were deemed irrelevant. The court granted certiorari, quashed the ruling, and directed the Circuit Court to assume jurisdiction.

JUDGEMENT