June 6, 2023
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Dotse JSC with Lovelace-Johnson JSC, Amadu JSC, Prof. Mensa-Bonsu JSC, and Kulendi JSC concurring, delivered reasons for its unanimous order of 1 March 2023 granting certiorari and prohibition concerning Suit No. E6/199/2022 on the estate of the late Reverend Emmanuel Dorgbadzi. Applicants Yaw Godwin Dorgbadzi and Monique Tetteh challenged the Tema High Court’s 18 August 2022 order striking out their caveat and the handling of letters of administration sought by Michelle Dapaah Tettey and Garfield Lee Jr. After directing production of the virtual hearing’s audio-video file and registry records, the Supreme Court found that the matter was listed only for mention, was not heard, and the judge’s record entry was irregular, unsigned, and tampered with. Applying the audi alteram partem rule and supervisory jurisdiction precedents, the Court held the High Court acted without jurisdiction and breached natural justice, quashed its orders, prohibited the judge from further involvement, and referred the matter for administrative inquiry and procedural reforms.
DOTSE JSC: -
Dedicated to the memory of His Lordship Justice Samuel Kofi Marful-Sau JSC, our distinguished brother, friend and confidant who departed this life on 10th August 2021 Call for observation of a minute’s silence REASONS FOR THE DECISION OF THIS COURT On the 1st March 2023, this court, by unanimous decision granted the application sought by the Applicants herein for Certiorari and Prohibition to quash the decision of the High Court, Tema and prohibit the said court from hearing the Suit No. E6/199/2022 but reserved the reasons for the said decision.
The following are the reasons why we granted the application: -PREAMBLE In view of the antecedents of this case, the impressions it casts on the integrity of the judicial system and our ability to correct the wrongs if any that come to our attention, we have decided for purposes of setting the records straight to be somehow detailed in the narration of the facts and the law applicable, in order to put matters beyond peradventure.
WHAT THE APPLICANTS SEEK FROM THIS COURT The Applicants have applied to this court for the following reliefs: -“An application for an order of Certiorari to quash the orders/proceedings of the High Court, Tema presided over by His Lordship Mr. Justice Emmanuel Ankamah dated 18th day of August 2022 striking out the Applicant’s caveat for want of prosecution and for further orders to quash the Letters of Administration dated 18th March 2022, issued by the said court to the Interested Parties herein and for an order of Prohibition to prohibit the said Judge and or the Registrar of the High Court, Tema from further hearing and/or dealing with the Applications/matters in relation to the estate of the late Reverend Emmanuel Dorgbadzi”GROUNDS UPON WHICH APPLICATION HAS BEEN BROUGHT i. The High Court, Tema presided over by the learned trial Judge failed to observe the rules of natural justice, specifically, the audi alteram partem rule in Suit Number E6/199/2022. ii.
The High Court, Tema presided over by the learned trial Judge had no jurisdiction or exceeded his jurisdiction when on 18th August 2022 he purportedly ordered for the striking out of the caveat of the Applicants herein for want of prosecution in Suit Number E6/199/2022. iii.
That the High Court, Tema presided over by the learned trial Judge committed a jurisdictional error in respect of the estate of the deceased, Reverend Emmanuel Dorgbadzi when on the face of the record, the same court had earlier issued Letters o