2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
An application was submitted to the Supreme Court of Ghana for an order of certiorari to quash decisions made by the High Court on 1st September 2014. The case involved a dispute over rent arrears and property recovery initially ruled on in 2009, which was later overturned by the Court of Appeal in 2011 due to diplomatic immunity and service of summons issues. Despite this, the plaintiff's successor filed for and was granted orders of mandamus in 2014 based on the voided 2009 judgment. The Supreme Court ruled in favor of the applicant, establishing that the High Court had no jurisdiction, the mandamus orders were void, and that the applicant had locus standi despite not being a party to the original suit. The Court also held that concurrent appeals and applications for supervisory jurisdiction are permissible and that the timing for filing such applications is based on when the applicant became aware of the grounds for application.
JUDGMENT
PWAMANG JSC.
This is an application invoking our supervisory jurisdiction pursuant to Article 132 of the 1992 Constitution praying for an order of certiorari to bring into this court the orders made on 1st September, 2014 by the High Court, Accra in Suit No. BMISC 995/2014 for the purpose of being quashed.
The brief facts are that by a writ of summons in Suit No. BC 285/07 dated 28th March, 2007, one Theophilus Leighton (deceased) instituted an action against the applicant herein in the High Court, Accra claiming 21 reliefs, key among which are the following:
(i) Declaration of title to House No. 2 East Cantonments Residential Area, Accra which the defendant has been occupying as a tenant since 1987.
(ii) Payment of accumulated rent arrears of $598,252.17 by the Defendant for its occupation of the said House No. 2, East Cantonment Residential Area, Accra.
(iii) An order of ejection and recovery of possession of House No. 2, East Cantonment Residential Area, Accra.
On 21st October, 2009, the High Court, Accra presided over by His Lordship Justice Anthony K. Abada gave summary judgment in the said Suit No. 285/07 in favour of the plaintiff, who is now being represented by his successor the 5th interested party to this present application.
The judgment of Abada J. granted the reliefs as endorsed on the writ of summons. The said summary judgment was however overturned by the Court of Appeal by judgment dated 21st July, 2011. The grounds on which the Court of Appeal overturned the judgment were that the premises in issue in the suit before the High Court were being used as a diplomatic mission so the courts of Ghana have no jurisdiction to entertain a suit in respect of the premises. Another ground was that the writ of summons had expired before it was served on the defendant so the proceedings based upon it were all a nullity.
The judgment of the Court of Appeal notwithstanding, the 5th interested party herein Mr. Jojo Hagan, relying on the judgment of Abada J, filed a motion in the High Court, Accra, on 21st July, 2014 as Suit No. BMISC 995/2014 invoking the supervisory jurisdiction of the High Court for orders of mandamus against the Land Title Registry, the Lands Commission and the Ministry of Foreign Affairs. He prayed the High Court in exercise of its supervisory jurisdiction, to compel the issuance of a Land Title Certificate to 5th interested party, order recovery of possession, injunction and to make an order to open and evict occupan