REPUBLIC v. DISTRICT COURT GRADE I, KORLE GONNO; EX PARTE ABRAHAM AND OTHERS

The High Court, per Piesare Ag. J., considered a certiorari application brought under Order 59 of the High Court (Civil Procedure) Rules, 1954 to quash decisions of the District Court Magistrate Grade I at Korle Gonno made on 17 August 1988 and 1 December 1988. Landlord Opanin Kofi Ansong had complained to the rent officer that the property had deteriorated and sought possession to renovate, assuring tenants of reinstatement. The rent officer investigated under the Rent Act, 1963 and referred findings to the rent magistrate. The tenants told the magistrate they had nearly repaired half the premises and undertook to complete repairs; the magistrate gave them until 31 October to finish or surrender possession for landlord repairs with reinstatement option. After the deadline, counsel raised PNDC Law 138 and Rent Regulations objections; the magistrate held PNDC 138 inapplicable and found no repairs done. Applying authorities like R. v. Electricity Commissioners and R. v. Nat Bell Liquors, the High Court emphasized certiorari’s limited supervisory function, concluded the magistrate acted within jurisdiction, and dismissed the application, noting appeal under section 24 of the Rent Act was the proper remedy.