THE REPUBLIC v. HIGH COURT (LAND DIVISION), EX PARTE: THE REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH OF GHANA

ASIEDU JSC

INTRODUCTION:

On the 13th June 2023, this application which invoked the Supervisory jurisdiction of this Court for an order of certiorari, came up for hearing. After listening to arguments from the lawyers, this Court granted the application but reserved full reasons to be filed later. The application invoked the Supervisory jurisdiction for the grant of an order of certiorari directed to the High Court of Justice, Land Division, Accra to bring up into this Court for the purpose of being quashed, the decision of the High Court, contained in the ruling dated the 4th day of April 2023 in Suit No. FAL 592/15 titled: The Registered Trustees of the Presbyterian Church of Ghana vs. Nana Oteng Korankye & Another.

Facts:

The background of the instant application as stated in the accompanying affidavit is that judgment was entered in favour of the Interested Party against the applicant by the High Court on the 8th April 2019. Thereafter, the applicant filed a notice of appeal to the Court of Appeal against the judgment. After the Record of Appeal had been compiled, same was forwarded to the Court of Appeal as evidenced by the service of Civil Form 6 on the parties.

Subsequent to the above, the applicant successfully applied to the Court of Appeal that the Record of Appeal be remitted to the Registry of the Trial Court to enable some corrections to be done in the record as noted in exhibit ‘DMA4’. The applicant filed its Written Submission after the rectification had been completed and the record of appeal returned to the Registrar of the Court of Appeal. Thereafter, the appeal was fixed for hearing on the 24th May 2022. On that date, the Interested Party informed the Court of Appeal that he had filed another application to be heard on the 13th of June 2022 for an order for the further rectification of the Record of Appeal. This application was heard and granted by the Court of Appeal which then adjourned the case sine die. It is on record that the application for the further rectification of the record was granted on the 13th June 2023 as shown by exhibit ‘DMA 5’. Whilst waiting for the second rectification to be carried out, the Interested Party filed an application before the High Court, for an “order to set aside or vary orders staying the execution of the judgment of the High Court dated 8th April 2019.” This application was opposed by the Applicant herein on grounds of lack of jurisdiction in the High Court to entertain the said application. Th