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SANDAH v. ASANTE AND ANOTHER

1970

HIGH COURT

GHANA

CORAM

  • ABBAN J

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

Abban J. considered an application by an applicant seeking to stay proceedings pending in the Lartebiokorshie District Court Grade I while a related suit proceeded in the High Court. The application, brought under Order 34, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954, argued that the district case raised similar legal points and, because it was quasi‑criminal, could lead to confiscation of the goods seized at the Ghana–Togo border from the applicant’s bailee. Respondents maintained the goods were lawfully seized from district court defendants Jash Adebayo and Moro Sandah, who attempted the border crossing in vehicle KC 5001 with goods worth over N¢76,000.00 without an export licence, contrary to the Customs Ordinance; the district case had begun sixteen days before the High Court suit. The court held Order 34, r. 2 pertains only to High Court proceedings and cannot stay district court actions. The court declined to invoke inherent jurisdiction absent oppression or vexation, noted the issues in the two fora differ (customs licensing vs. ownership/wrongful seizure), and emphasized section 234 priority for customs proceedings. The application was dismissed with N¢20.00 costs to respondents.

JUDGMENT