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THE REPUBLIC v. THE REGISTRAR, CIRCUIT COURT, AGONA SWEDREU, EX PARTE: MOHAMMED MUSTAPHA & ORS

2012

COURT OF APPEAL

GHANA

CORAM

  • DENNIS ADJEI, J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Administrative Law

AI Generated Summary

On appeal from the High Court Cape Coast, the Court of Appeal, per Dennis D. Adjei, JA, addressed judicial review, case management discretion, and land jurisdiction. Trustees of the Unification Church sued in the Agona Swedru Circuit Court over title to land at West Kasoa while a parallel High Court action was pending. Mohammed Mustapha moved to decline jurisdiction; when his counsel sought adjournment and did not attend, the Circuit Court struck out the motion for want of prosecution and granted interlocutory injunction. The High Court quashed both orders, citing denial of hearing. The Court of Appeal held the Circuit Court acted within its discretion to strike out the motion, reversed the High Court on that point, but found error in immediately granting an injunction without hearing Mustapha, affirming the High Court’s quash of the injunction. The court clarified that multiplicity requires election and stay, not jurisdictional ouster, and reiterated the grounds on which certiorari lies.

JUDGMENT