REPUBLIC v. DISTRICT MAGISTRATE, ACCRA
2019
COURT OF APPEAL
GHANA
CORAM
- P.K. GYAESAYOR, JA (PRESIDING)
- A. LOVELACE-JOHNSON, JA
- N. C. A. AGBEVOR, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision, authored by Agbevor JA, concerns an appeal from the High Court’s dismissal of an application for judicial review (certiorari) aimed at quashing a District Magistrate’s interpleader order. The applicant had obtained default eviction judgments, served a formal decree, and secured a writ of possession before seeking ex parte demolition. The District Court required the Registrar to notify all occupants, but the Registrar did not comply and the applicant proceeded with demolition, prompting a resident respondent to file interpleader. Applying certiorari standards and Order 21 rule 4(4) of the District Court Rules (C.I 59), the Court held execution had not foreclosed, the applicant’s unilateral possession was not court-sanctioned, and notice requirements were breached. Consequently, interpleader was properly entertained and the appeal failed.
AGBEVOR, J.A.
The instant appeal by the applicant is in the nature of judicial review to quash the order of the High Court and dismiss the order of the District Magistrate dated the 10th February 2016.
The basis for this application is, on 9th July 2015 the applicant issued a writ in the District Court against defendants praying for:-
a) Eviction order
b) Costs inclusive of litigation expenses and counsel’s fees.
The defendants though served, failed to be present in court leading to judgments in favour of the plaintiff (applicant). Applicant served the defendants with a formal decree on the 13th October 2015 and also filed an ex-parte application for leave to issue a writ of possession for a declaration of title of the property even though there was not application for declaration of title in his writ. The writ of possession was however granted on 22nd October 2015. The applicant followed up with an ex-parte application for an order to demolish the structures on the premises to enable him develop the land. This application was heard on the 9th November 2015. The court on that date ordered the Registrar of the court to visit the locus with the applicant to ensure that the defendants as well as occupants on the said land were notified of the court’s order and the intended execution “and to submit a written report to the court on the 15th November 2015”. The Registrar failed to comply with the court’s order and the court adjourned the case to the 3rd December 2015 for further hearing. Though the Registrar did not comply with the court’s order, the applicant entered the premises and commenced to demolish the structures on the land. The demolition being carried out on the land by the applicant made the respondent aware of the suit and filed an interpleader application on the 23rd November 2015.
The Counsel for the applicant who was served with respondents notice of claim to the property on the 3rd December 2015 sought for an adjournment to enable him file a response to the claim. On the adjourned date no notice of dispute had been filed and accordingly the Registrar issued interpleader summons with affidavit of intent also filed yet, the applicant failed to file any affidavit in support of his claim. After several adjournments the court discharged the respondent’s property from execution. The applicant successfully tried to vacate or set aside the court’s decision and failed. The applicant has since filed the application for judicial review seeking to qua