THE REPUBLIC v. HIGH COURT, EX PARTE: NII NOI MORTON & ANOR
2016
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC. (PRESIDING)
- YEBOAH, JSC.
- BONNIE, JSC.
- BAMFO (MRS), JSC.
- PWAMANG, JSC
Areas of Law
- Administrative Law
- Civil Procedure
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The applicant sought certiorari to quash a mandamus order issued by the High Court to the Lands Commission, arguing breach of natural justice since he was not served with the application for the order. The court recognized the breach of natural justice principles, particularly the audi alteram partem rule, and granted the application, quashing the High Court's order.
R U L I N G
PWAMANG, JSC.
This is an application invoking the supervisory jurisdiction of the court for an order of certiorari to issue to quash order of mandamus granted by the High Court, Accra in Suit No. LD/0214/2015 dated 18th January, 2016. The order directed the Executive Director, Lands Commission to cancel, delete and expunge from the records of the Lands Commission all registrations and plotting in the names of the applicant and four others.
The brief facts are that on 13th May, 2013, the High Court (Land Division) presided over by Justice Amos Buertey, gave judgment in favour of the 1st Interested Party and against applicant herein and others for declaration of title to a parcel of land at Danchira in the Ga South District of the Greater Accra Region. The judgment further ordered the Lands Commission, which was 6th defendant, to “cancel, delete, expunge, remove, reverse all registrations, plotting , processing of all or any portions of the land the subject matter of this suit” that had been entered in the names of the other defendants including applicant herein.
Then on 15th January, 2014, the Supreme Court gave judgment against the applicant herein and others and in favour of Nii Tackie Amoah VI, who is the grantor of 1st interested party. In its judgment the Supreme Court affirmed the judgment of the Court of Appeal which declared Nii Tackie Amoah VI owner of a larger land at Danchira including the land of the 1st interested party and directed the deletion of applicant’s documents from the records of the Lands Commission.
Basing on the judgment of the Supreme Court, Nii Tackie Amoah VI filed an application for judicial review in the nature of mandamus in the High Court, Accra against the Executives Secretary, Lands Commission for an order directed at him to lapse the plotting of documents in the name of Nii Noi Morton (Applicant herein) in their records. The application was Suit No. FAML/86/15 and was filed on behalf of Nii Tackie Amoah VI by Lawyer Nathaniel Myers. Though the Applicant herein was not made a party to the application, he was served as someone who was to be affected by the order sought. He filed an affidavit in opposition in which he prayed the court to order the director of surveys to demarcate the lands in dispute before any deletion since, according to him, the case was a boundary dispute. When lawyer for Nii Tackie Amoah VI was served with the affidavit in opposition, he abandoned the application all together and it was