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RULING
BAFFOE-BONNIE, JSC:-
For a fuller appreciation of this ruling I will set out in material detail the facts and series of
events that have culminated in this application.
The interested party herein, David Ametefe, brought an action in tort against ‘ROSE BIO
ATINGA’ and 5 other named persons claiming among other reliefs, damages for wrongful
arrest and damages for assault and battery. This writ was issued on 27/1/2011. The trial
which started in 2012, for some unexplained reasons, travelled through to October 2016.
On 26th October,2016 when 2
nd defendant, who was then in the box for continuation of
cross-examination, failed to appear, the trial judge ruled thus,
“The defendants have continuously been absent to prosecute. I would expunge the
evidence of the 2
nd defendant from the record and deem the evidence of the defendants to
have been closed and further direct the plaintiff to file their written addresses on or before
th day of November, 2016 with the defendants reacting to same 21 days after being
served.
Case adjourned to 15
th December, 2016 for judgment. Order as well as hearing notice be
served on the defendants for their necessary compliance with costs of GHc1000.00 in
favour of plaintiff.”
Feeling aggrieved, the Applicants herein, brought an application to vacate the order made
on 26/10/2016 but same was dismissed on 07/02/ 2017.
The applicants herein, filed an interlocutory appeal against this decision, further holding up
the trial. This application for stay of proceedings was refused and both parties filed their
respective addresses, and a day for judgment was fixed. On the scheduled day for the
delivery of judgment, the trial judge intimated to the court that his attention had been
drawn to an order signed by the Chief Justice, transferring the entire case to His Lordship
Justice Kwaku Ackaah Boafo, so he was precluded from delivering his judgment and the
matter was adjourned sine die. When the Interested Party herein, finally procured a copy of
the transfer order he felt suspicious and therefore filed an application before the High Court
praying for an order of Certiorari to bring the Chief Justices Order of Transfer to be
quashed on a number of grounds.
His suspicions were based on the fact that
1. The transfer order quoted a wrong title describing the parties as
Daniel Ametepe vrs The IGP and ors, instead of DAVID AMETEFE v ROSE BIOATINGA and 5 ors
2. Even though the transfer order was as a result of cer