THE REPUBLIC v. HIGH COURT, ACCRA EX PARTE: DEBORA ATAKORAH & ANOR

ATUGUBA, JSC:-

The applicant moves this court for:

“(i) an order of Certiorari to quash the decision of His Lordship Justice L.L. Mensah (hereinafter called “the Judge”) sitting at the High Court (Fast Track Court 1) which was made on 2nd April, 2014,

(ii) an order of Prohibition restraining the said Judge from proceeding to take evidence and determine the substantive suit in respect of case entitled DEBORA ATAKORA v. BILLY CUDJO SUIT NO. AC 128/2012 as having been made in excess of his jurisdiction,

(iii) an order directing the said Judge to adopt the terms of settlement signed by the parties and their solicitors and filed on 25th March, 2014 by the parties in the said suit, and

(iv) any further or other Order(s) as this Court may deem fit.

- - - - - - - - - grounds for the application are as follows:

(i) That the judge acted without jurisdiction when he set aside the terms of settlement validly executed by the parties and their counsel.

(ii) That the judge acted in excess of jurisdiction when he ordered that the suit be heard on its merits despite the compromise reached by the parties.”

The facts of this case are as stated in paragraph 1 of the applicant’s supporting statement of case dated 24/4/2014 as follows:

“--------the Plaintiff/Applicant (hereinafter called “the Plaintiff”) caused a Writ of Summons to be issued against the Defendant/Respondent (hereinafter called “the Defendant) for the following reliefs:

i. A refund of the sum of USD 28,000.00 or its equivalent in Ghana cedis being monies spent on carrying out works on the defendant’s house,

ii. Interest on the above sum from December, 2006 till date of final payment,

iii. Costs, including Plaintiff’s legal costs, and

iv. An order of injunction restraining the Defendant from removing the Plaintiff from the premises until final determination of the suit.

-------------- when the suit came up for hearing the parties together with Counsel agreed, pursuant to the admonishment of the Judge, to settle the matter out of court. The parties to the suit together with Counsel subsequently voluntarily compromised the action, executed the terms of settlement and filed the same at the Registry of the Court below. On 2nd April, 2014 just before Counsel for the Plaintiff was to move the Court below for the adoption of the terms as a Consent Judgment the Defendant announced to the Court below that on second thought he would like to resile from the compromise and have the case heard on its merits.