THE REPUBLIC v. KOFI AGYEI AMPOFO
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The Applicant sought an order of certiorari and a prohibition against further hearings of a District Court decision, claiming improper parties and breach of natural justice. The High Court analyzed various principles and previous cases concerning its supervisory jurisdiction but found no patent errors of law or breaches of jurisdiction, thus denying the application. The Applicant was allowed an extension to file an appeal.
The Applicant, through his Counsel filed the instant application praying this court for an order of certiorari, directed at the Respondent herein, for an order to bring into this court for the purpose of quashing and quashing of the decision of the District Court, Agogo presided over by Her Worship Cynthia Nuerkie Blagogee dated 27th March, 2024 and a further order prohibiting the said court from further hearing the matter. The Applicant spelt out the following as grounds for the application.
a. That the trial Magistrate committed an error patent on the face of the record by proceeding with trial upon coming to a clear realization from documentary evidence on record that the Defendant was not a proper party to the suit.
b. That the trial Magistrate breached the audi alteram principle of natural justice when she proceeded with trial without affording Juliana Boatey-Agyei an opportunity to be heard since it became apparent, she was the proper party to be directly affected by the court's decision concerning the subject matter in issue and not the Defendant.
Order 55 rule 1 of the High Court (Civil Procedure) Rules, 2004, C.I 47 provides that an application for:
(a). An order in the nature of Mandamus, Prohibition, Certiorari
or Quo warranto; or
(b) An injunction restraining a person from acting in any public
office in which the person is not entitled to act; or
(c) any other injunction shall be made by way of an application
for judicial review to the High Court.
Section 16 of the Courts Act, 1993, Act 459 as amended stipulates thus;
16. "The High Court shall have supervisory jurisdiction over all
lower courts and any lower adjudicating authority: and may, in the exercise of that jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory powers"
The power of the High Court to exercise that supervisory jurisdiction to issue Prerogative Writs is provided under Article 141 of the 1992 Fourth Republican Constitution of Ghana and Section 16 of the Courts Act, 1993, Act 459 as amended. Article 141 of the 1992 Constitution provides as follows:
"141. The High Court shall have supervisory jurisdiction over all
lower Courts and any lower adjudicating authority, and may, in the exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its