THE REPUBLIC VS DISTRICT COURT DABALA & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH
Areas of Law
- Civil Procedure
- Administrative Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for Certiorari to quash an Ex-parte Order made by a District Magistrate on August 15, 2023, which was made without hearing the Defendant (Interested Party). The High Court found that this order, as well as a previous Ex-parte order dated July 5, 2023, violated the rules of natural justice, specifically the principle that all parties should be heard before an order affecting them is made. As a result, the High Court ruled to quash both Ex-parte orders. The court emphasized the importance of adhering to the rules of natural justice in legal proceedings. The final decision directs both the Applicant and the Interested Party to return to the District Magistrate Court for a proper adjudication of their suit, ensuring that all parties will have the opportunity to be heard.
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).