THE REPUBLIC vs CIRCUIT COURT, ACCRA & ORS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIPJUSTICE GEORGE K. KOOMSON
Areas of Law
- Civil Procedure
- Constitutional Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant initiated a judicial review to quash an order by the Circuit Judge, which dismissed an application to set aside a Garnishee Order nisi and mandated the Applicant to pay the Judgment debt into the Judicial Service's accounts. The High Court addressed issues of jurisdiction, natural justice, and the mootness of the Judge's order. Ultimately, the High Court quashed the Circuit Judge's order citing breach of natural justice and exceeding jurisdiction but refused to issue an injunction to restrain the Interested Party from executing the Judgment.
The core issues this Court has been called upon to determine are as to
(a) Whether or not the order made by the trial Judge, having lapsed makes the determination of the issues raised in the instant application moot.
b) Whether or not the trial Judge breached the rules of natural justice, precisely, the audi alterem partem rule.
c) Whether or not the trial Judge lacked jurisdiction to make the order, the subject matter of this application.
A brief summary of the facts giving rise to this application is that the Applicant herein commenced an action at the Circuit Court, Accra against the Interested Party herein.
The Interested Party also asked for certain reliefs in a Counterclaim.
After a full trial, the Circuit Court dismissed the case of the Applicant herein and entered Judgment for the Interested Party on the Counterclaim.
Subsequent to this, the Circuit Court granted an application for Garnishee Order nisi.
The Applicant then filed an application to set aside the Garnishee Order nisi.
The trial Circuit Judge in dismissing the application to set aside the Garnishee Order nisi, made the following orders: “I have read the processes filed in this application and perused the Exhibits attached.
I have also heard Counsel from both sides.
Plaintiff/Applicant in so far as the Defendant/Respondent has not received the payments due her have not satisfied the Judgment debt.
This Court hereby dismisses the application accordingly.
This Court also further orders that the Plaintiff/Applicant pays the total Judgment debt including all costs into the accounts of the Judicial Service within one week.
Costs of GH¢1, 500. 00 awarded against Plaintiff/Applicant. ”It is this order made by the trial Circuit Judge on the 4th day of June, 2018, that the Applicant herein has brought the present Judicial Review Application asking for certiorari to quash the said order on the grounds that:
(i) The Circuit Court exceeded its jurisdiction when it ordered Applicant to pay the Judgment debt into the registry of the Circuit Court.
ii) The order Applicant pay the Judgment debt into the registry of the Circuit Court was made in breach of the rules of natural justice, audi alterem partem.
The Applicant therefore prays the Court for the following reliefs:
1. A declaration that the Circuit court exceeded its jurisdiction when it ordered Applicant to pay the Judgment debt into the registry of the Circuit Court.
2. An order of Certiorari bringing up into this Court for p