THE REPUBLIC v. THE DISTRICT COURT, SEKONDI, EX PARTE: MARTIN OFFEI
2018
HIGH COURT
GHANA
CORAM
- P. BRIGHT MENSAH
Areas of Law
- Administrative Law
- Constitutional Law
- Family Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicant moved to quash the Sekondi District Court's decision on his divorce case because the court lacked jurisdiction under the Matrimonial Causes Act, which grants exclusive jurisdiction to the High Court and Circuit Court. The High Court agreed, emphasized the principle of generalia specialibus non derogant, and ruled that the District Court's judgment was invalid. This ruling solidified the exclusive jurisdiction of higher courts in such matrimonial causes and reaffirmed the proper application of certiorari in instances of jurisdictional errors.
RULING
The Applicant in this present case moves the court for:
“… Order for Judicial Review by way of Certiorari to quash the judgment of the District Court, Sekondi”[ given on 29/09/17],
as per the accompanying affidavit and for any further order(s) as this court may consider fit.
The present application, according to the motion paper, is brought under Order 55 r 1(a) & 4(2) of Rules, 2004 (C I 47) invoking the supervisory jurisdiction of this court. By rule 1(a) of Order 55, an Applicant may make an application for judicial review to the High Court in the nature of an Order of Certiorari, among other reliefs. An affidavit supports the motion. The supporting affidavit sets out the grounds for the application, the reliefs sought, the name and description of the applicant and his address. The applicant shall also supply the full name and address of the person directly affected by the application.
Before proceeding further, I want to place it on record that when the case was called in this court for the first time on 22/02/2018, the Interested Party though served with the processes to appear in court, she was absent. However, Hajia Asana Sooba represented her, who told the court that the Interested Party has been delivered of her baby born to another man. Consequently, the case was adjourned to 20/03/2018 but on the ground that the Interested Party was short-served.
The case of the Applicant:
The thrust of the application as may be gleaned from the affidavit in support of the motion is that the Interested Party and the Applicant were once married under the customary law. The said marriage was on 21/12/2013 converted to an ordinance marriage under CAP 127. It is common ground that the Interested Party subsequently instituted a divorce petition against the applicant at the Sekondi District Court and the said court gave judgment in her favour on 29/09/2017.As relayed in the judgment of the District Court, the parties had their customary marriage converted into an ordinance marriage on December 21, 2013 at the Upper Room Assemblies of God Church, Kwesimintsim, Takoradi.
There are 2 issues of the marriage. The Petitioner had asked for dissolution of the marriage on ground of unreasonable behavior on the part of the Respondent. She also asked for custody of the 2 issues of the marriage as well as financial provision. It is the case of the Applicant that the Respondent court lacked jurisdiction to hear and determine the petition relating to an ordinance m