THE REPUBLIC VS DISTRICT COURT DABALA & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH
Areas of Law
- Administrative Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per His Lordship Justice Daniel Mensah, considered an application for judicial review by the Applicant seeking an order of certiorari to quash two orders issued by a District Magistrate. One order, dated 15 August 2023, relied upon an earlier ex parte order issued on 5 July 2023. Emphasizing the cardinal principle of natural justice—that no order affecting a party should be made without that party being heard—the court determined that both orders should be quashed. The court directed that the matter be returned to the District Magistrate Court for proper adjudication with both the Applicant and the Interested Party heard. The disposition ensures procedural fairness and reaffirms supervisory jurisdiction to correct procedural irregularities.
The present Application filed by the Applicant is for Certiorari Seeking to quash the Order of District Magistrate made in favour of the Applicant Ex- parte which culminated in the order of the Court dated 15 th August, 2023. To the extent that the said Ruling of the Court rehash the previous order given without the hearing of the Defendant (Interested Party), it stands to reason that the rules of natural justice has been observed.
It is a cardinal principle that a party should be heard before any order is made affecting him or her.
To the extent that the said order which the learned District Magistrate relied in his Order dated 15 th August, 2023, it stands to reason that same ought to be quashed.
Let the order of 15 th August, 2023 be brought up for the purposes of being quashed.
For the avoidance of any doubt the previous Order dated 5 th July, 2023 which was made Ex- parte is also quashed.
The effect of this ruling is also for parties, Applicant and Interested Party to go back to the District Magistrate Court to have their Suit adjudicated properly.
(SGD. )
H/L JUSTICE DANIEL MENSAH(JUSTICE OF THE HIGH COURT).