THE REPUBLIC v. THE HIGH COURT (CIVIL DIV) ACCRA EX PARTE KLEMAN CONSTRUCTION LTD

KULENDI JSC:-

INTRODUCTION:

1. The Applicant herein has invoked the supervisory jurisdiction of this Court seeking an order of certiorari directed at the Court of Appeal, to quash, for nullity, the judgment and consequential orders delivered on 13th November, 2025 in the case titled Klenam Construction Ltd v. Falcon Crest & 2 Others**,** Suit No. H3/130/2025, coram: Anthony Oppong (Presiding), Emmanuel Ankamah, and Jerome Noble-Nkrumah JJA. which said judgment had overturned the judgment of the High Court dated 28th March, 2024 previously delivered in the same suit.
2. This application was mounted on the following grounds;

a. The refusal by the Court of Appeal to uphold the Applicant’s objection to His Lordship Anthony Oppong JA’s membership of the panel constituted for the hearing of the appeal on June 16, 2025 and the subsequent delivery of the judgment of the Court of Appeal on November 13, 2025 when it was clear that His Lordship Anthony Oppong JA was prejudiced and lacked impartiality, by reason of his judgment in Suit No.: LD/04424/2017 entitled Rainsford Addoquaye & 3 Ors. vrs. Falcon Crest Investment Ltd & 2 Ors which gave rise to the Applicant’s suit entitled Klenam Construction Ltd vrs. Falcon Crest & 4 Ors, Suit No. GJ/182/2018, constituted a breach of Article 19(13) and Article 296(a) & (b) of the 1992 Constitution of Ghana and therefore rendered the judgment delivered on November 13, 2025 a nullity and of no legal effect.

b. The judgment of the Court of Appeal dated November 13, 2025 was delivered in breach of the rules of natural justice specifically nemo judex in causa sua thereby rendering the said judgment a nullity.

BACKGROUND:

1. On 5th February, 2018, the Applicant issued a Writ of Summons and accompanying Statement of Claim against the Interested Parties in this suit. In this application, the Applicant contends that the central issue in the said writ was the determination of whether ownership of the lands situate at Okpoi Gonno, the subject matter of the dispute, is vested in the Nungua Stool or in the Kle Musum Quarter of Teshie.

2. While the Applicant contends that the disputed land forms part of Nungua Stool lands, the Interested Parties assert that the land is vested in the Kle Musum Quarter of Teshie.

3. The Applicant further avers that the institution of the substantive suit became necessary following the actions of the Interested Parties, who, purportedly in execution of a ruling of the Hig