THE REPUBLIC VS THE DISTRICT COURT EXPARTE: ABOAJI MENSAH & ORS

Her Ladyship Justice Patricia Quansah of the High Court ‘B’ Tema dismissed a certiorari application brought by the Applicants seeking to quash District Court, Ada orders relating to joinder and the amendment of pleadings in litigation initially commenced by Zebulon Okudzeto. The Applicants asserted that separate counsel for the newly joined 2nd, 3rd and 4th Interested Parties unlawfully purported to represent Okudzeto and filed an amended writ on behalf of all plaintiffs, resulting in two competing amended writs. The co-plaintiffs argued the Magistrate acted within jurisdiction and, once joined, they could amend. Applying established standards of judicial review, the High Court found no jurisdictional error because the Magistrate properly granted motions brought before her; questions of correctness are for appeal, not certiorari. Nonetheless, the Court directed regularization: only the original plaintiff or duly appointed counsel may amend the writ and statement of claim, and the joined parties must file their own statements of claim. The case was remitted to the District Court to continue in accordance with law, with no order as to costs.