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THE REPUBLIC v. THE DISTRICT COURT EX PARTE MAAME EKUA KRAIKUE & ANOTHER

2016

COURT OF APPEAL

GHANA

CORAM

  • HONYENUGA, J.A. (PRESIDING)
  • GYAN, J.A.
  • SUURBAAREH, J.A.

Areas of Law

  • Civil Procedure
  • Probate and Succession
  • Property and Real Estate Law

AI Generated Summary

The appeal involved the deceased’s intestate estate distribution which was made by a court Registrar in 1997 but not filed as a consent judgment. After enjoying their shares for years, the appellants sought to quash the distribution. The High Court refused their application, leading to this appeal. The appeal was based on multiple grounds, including the claim that the judgment was against the weight of evidence and that certiorari, rather than appeal, was appropriate. However, the appellate court dismissed the appeal and affirmed the High Court's ruling, emphasizing principles like the discretionary nature of certiorari, the appeal as a remedy for non-jurisdictional errors, and procedural requirements for certiorari.

JUDGMENT