THE REPUBLIC v. THE DISTRICT COURT, SEKONDI, EX PARTE: MARTIN OFFEI

Justice P. Bright Mensah of the High Court, exercising supervisory jurisdiction under Article 141 of the 1992 Constitution and Order 55 of CI 47, heard an application by an Applicant to quash a Sekondi District Court judgment dated 29 September 2017 in a divorce petition. The parties, formerly married under customary law, converted their marriage to an ordinance marriage under Cap 127 on 21 December 2013 at the Upper Room Assemblies of God Church, Kwesimintsim, Takoradi, and have two children. The Interested Party sought dissolution, custody, and financial provision at the District Court. Counsel argued the District Court lacked jurisdiction over matrimonial causes under the Matrimonial Causes Act, 1971 (Act 367), which vests exclusive original jurisdiction in the High Court and Circuit Court. Applying the maxim generalia specialibus non derogant and Ghanaian authorities (including Barclays Bank v Ghana Cable and Zakaria v Nyimakan), the court held the District Court’s proceedings were a nullity, issued certiorari to quash them, and, pursuant to Order 55 r 2, granted custody of the two children to the Applicant with reasonable access to the Interested Party. No costs were awarded.