REPUBLIC v. HIGH COURT, ACCRA: EX PARTE SINARE AND OTHER

This Ghana Court of Appeal case arose from a forcible ejectment carried out under the Rent Regulations. Landlord Anum Lantei obtained an order based on an affidavit alleging that tenant Alhaji Sinare had absconded for two years and owed rent. Acting Chief Rent Officer Augustus Anderson recommended the order, which a district magistrate granted and was promptly executed. Sinare’s motion to set aside the execution was refused by Magistrate P. K. Dravie. Anderson then wrote to the court stating the affidavit was false; Magistrate F. K. Dadzie‑Yorke found fraud and vacated the order. The landlord, through counsel William Amarfio, sought prohibition and certiorari; High Court judge Mrs Sawyerr‑Williams quashed the vacating order and awarded costs against the magistrate and Anderson. On appeal, Essiem J.A., with Amuah and Kpegah JJ.A. concurring, held that orders procured by fraud are legal nullities that courts of coordinate jurisdiction may set aside; the district court was not functus officio because regulatory steps remained; the original order breached L.I. 369’s notice requirements and was void ex debito justitiae; and personal costs orders contravened statutory protections.