REPUBLIC v. HIGH COURT, ACCRA
January 17, 2019
SUPREME COURT
GHANA
CORAM
- ADINYIRA (MRS), JSC (PRESIDING)
- YEBOAH, JSC
- GBADEGBE, JSC
- MARFUL-SA
Areas of Law
- Civil Procedure
- Probate and Succession
- Constitutional Law
January 17, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Gbadegbe JSC, writing for the Supreme Court of Ghana, dismissed an application for judicial review in the nature of certiorari aimed at quashing a High Court judgment dated 5 June 2018 that revoked letters of administration over the estate of Robert Habib Hitti. The revocation, issued in George Jamil Mougainie and Another v Alwan Robert Hitti (PA543/2018), followed the discovery of a will notwithstanding earlier administration and winding‑up of the estate by Hitti’s widow, Theresa Nahum Rouhana, and a co‑administrator. The applicant, a beneficiary who had filed a caveat in a related probate action (PA1603/2017), alleged breach of natural justice for not being joined or heard, and raised limitation and misjoinder objections. The Court held supervisory jurisdiction is confined to the record, beneficiaries are not necessary parties to revocation, errors within jurisdiction are for appeal, and revocation upon discovery of a will is authorized under Act 63.
GBADEGBE, JSC:-
We have before us in the exercise of our supervisory jurisdiction under article 132 of the Constitution an application for judicial review in the nature of certiorari directed at the judgment of the High Court, Accra dated 05 June 2018. By the said judgment, a prior order of letters of administration granted in respect of the Estate of Robert Habib Hitti (Deceased) was revoked at the instance of the interested parties herein in a case entitled: George Jamil Mougainie and Another v Alwan Robert Hitti. The grounds on which the applicant relies in support of the application are as follows:
1. The High Court, Accra presided over by Mrs. Justice Jennifer Akua Tagoe on 5th June 2018 breached the rules of natural justice and occasioned a grave miscarriage of justice when it revoked Letters of Administration granted by the High Court differently constituted on 20th June 2001 for the movable and immovable property of the late Robert Habib Hitti (Deceased); when Applicant who is a beneficiary of the Deceased’s Estate was neither made a party to the proceedings nor given any hearing in the matter.
2. The Interested Parties breached the rules of natural justice and misled the High Court, Accra into doing same when they purported to sue for the Revocation of the movable and immovable property of the late Robert Habib Hitti (Deceased) without notice to the Applicant, when they knew or ought to have known that the Deceased’s estate had been distributed pursuant to the Letters of Administration and wound up over twelve years ago.
The background to this application is stated shortly as follows. Following the death of one Robert Habib Hitti (hereinafter conveniently described as “the testator”) who was thought to have died intestate, joint letters of administration to administer his estate was granted by the High Court, Accra to the widow, Theresa Nahum Rouhana (Deceased), and the 3rd interested party herein on June 20, 2001. According to the applicant, in the exercise of the said authority the administrators took several steps in the discharge of their functions as such and had the estate wound up in or about 2002. Subsequently, a document purporting to be the last will of the testator was discovered resulting in an application being filed by the first and second interested parties herein for probate before an Accra High Court in a suit numbered as PA1603/2017. The pendency of the said application for probate having come to the attention of the applic