REPUBLIC v HIGH COURT, SEKONDI, EX PARTE MENSAH & ORs

CM 18/93 is an application for certiorari, to bring up and quash a decision of the High Court, Sekondi (Bennin J) dated 12 May 1993 and for prohibition, to stop the said High Court from proceeding further with the process which resulted in the decision complained of. The decision of 12 May 1993 flowed from an ex parte application by Dr Cornelius Uboh and James Ekpah for leave to apply for attachment for contempt against Mrs Emma Uboh and 2 others. The minutes of the High Court on that day read:

"Parties present.

Nana Conduah (led by Quarshie) for applicants present. Counsel for applicants moves application ex parte for leave to issue notice for contempt against respondents.

By Court: Application granted. Applicants allowed 10 days within which to issue pursuant notice."

That was on 12 May 1993. Six days later, on the 18 May 1993, the applicants filed the pursuant motion on notice, to be heard on 31 May 1993. The record does not show when the motion on notice was served on Mrs Emma Uboh, but the present application was filed on 27 May 1993, with the obvious intention of stopping the High Court from proceeding with the motion on the 31 May 1993. In paragraph 3 of the statement accompanying the application, Mrs Emma Uboh states the grounds on which the reliefs for certiorari and prohibition are sought as:

"The learned judge had no jurisdiction and therefore it was not competent for him to commit the applicants for contempt for failing to do something which has not been ordered by any court of competent jurisdiction."

The application is fiercely resisted by the respondents, Dr Cornelius Uboh and James Ekpoh. The High Court, Sekondi, is only a nominal respondent; it has filed no papers agreeing with or opposing the application. Under normal circumstances this application could be disposed of in a matter of seconds. Unfortunately, the circumstances are far from normal.

When the matter came before this court on 6 July 1993, it was discovered that the charges and countercharges are all the result of differences connected with the administration of the estate of the late Peter Uboh, especially the management of the Western Palace Hotel, and that the parties, as administrators, should be encouraged to reconcile and settle these differences in the interest of the estate, especially of the minor beneficiaries. We counselled settlement. The parties appeared receptive, and asked to be given one week to explore possibilities of a settl