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
2016
COURT OF APPEAL
GHANA
CORAM
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.
HONYENUGA, J. A.
This is an appeal by the applicants/appellants against the Ruling of the High Court, Sekondi dated the 26th day of August, 2014 and 5th day of September, 2014 respectively which court refused an application for Judicial review under Order 55 rule 1 of C. I. 47 by the applicants/appellants (hereinafter called the appellants). The Interested party/respondent shall hereinafter be called the respondent.
The facts of this appeal were that the late Francis Edoi Kraikue died intestate sometime ago and left behind houses numbered House/No. 29/2, House No. 3/2A, and House No. 3/2B and other properties situated at Wassa Mpohor.
The appellants are part of the children of the deceased who together with the respondent who is the customary successor applied for and obtained letters of administration to administer the Estate of Francis Edoi Kraikue(Deceased). When the said administrators could not with accord distribute the estate of the deceased among the beneficiaries, the appellants representing their siblings took action against the respondent and one of the widows in the Community Tribunal now the District court, Takoradi.
After the appellants closed their case, both counsel for the parties before the then Community Tribunal consented that the Registrar of the court should distribute the estate of the deceased and the court made an order to that effect.
On the 23rd day of September, 1997, the Registrar distributed the estate and prepared a document evidencing the distribution with the Registrar and the parties having signed same.
However, the document evidencing the distribution was not filed and put before the said court for a consent judgment or decision to be entered for the parties.
The parties and the beneficiaries without any challenge or complaint peaceably enjoyed their share of the distributed estate from 1997 until 2013 when the appellants brought the instant application with leave of the court to quash the distribution made in 1997. Upon hearing the submissions of counsel for the parties, the learned trial judge refused the appellant’s application for judicial review to quash the distribution of the estate and dismissed same.
The learned trial judge first dismissed the said application on the 26th August 2014 without giving reasons but on the 5th September 2014, he delivered the full ruling with reasons.
Aggrieved by the ruling of the High Court, Sekondi, the appellants filed the instant appeal based on the following grounds: -(a