THE REPUBLIC vs THE DISTRICT COURT, MADINA HIS WORSHIP RICHARD DELALI ANKU ESQ. & ORS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Administrative Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves an application for judicial review to quash a District Court judgment using certiorari. The applicants claimed the judgment was made without proper jurisdiction and violated procedural rules, particularly concerning the validity of a power of attorney. The Court held that the District Court had jurisdiction and there were no fundamental errors evident on the face of the judgment warranting certiorari. The Court also evaluated the procedural compliance regarding legal processes and the applicability of foreign law in verifying the power of attorney. The application was dismissed with costs awarded to the interested party for lack of demonstrated errors that would invalidate the District Court's judgment.
DECISION
APPLICATION ON NOTICE FOR JUDICIAL REVIEW
i. Introduction/Overview:
[1] This is an application brought under Order 55 Rules 2 and 7 of the High Court (Civil Procedure), 2004 (CI 47) invoking the supervisory jurisdiction of this court for judicial review in the nature of Certiorari to quash the judgment of the District Court, Madina delivered on March 20, 2017.
[2] By Order 55 Rule 1 of CI 47 an application for: (a) An order in the nature of Mandamus, Prohibition, Certiorari or Quo Warranto; or(b) An injunction restraining a person from acting in any public office in which the person is not entitled to act; or(c) Any other injunction shall be made by way of an application for judicial review to the High Court. [3] The Supreme Court per Adinyira JSC succinctly stated the law that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment and to prevent a biased judge from hearing a suit upon satisfactory proof of breach of any principles of the rules of natural justice1. [4] The Applicants in this present case move the court for: “…for an order of Judicial Review by way of certiorari to bring up to this Honourable Court the Judgment of the Court dated 20th March, 2017 in Suit No. A2/38/2016 Entitled: GILBERT KORSHIE GERALDO v. 1. KOFI 2. FRANCIS ABITI for the purpose of being quashed and having same quashed…. ”It is convenient, before outlining the issues raised in this instant application, to chronicle in brief the respective claims of the parties as contained in the depositions of the affidavits filed by the Applicant and the Interested Party.
The Case of the Applicant as Per the Affidavit Evidence: [5] In a 12-paragraph affidavit supporting the motion paper, sworn to by the 2nd Applicant, Francis Abiti, Madina Accra and filed at the registry of this Court on April 5, 2017, it is the case of the Applicant that the Magistrate who heard the Suit No. A2/38/2016 “lacked and/or exceeded 1 R v High Court (Land Division) Accra; Ex Parte Alhassan Ltd (Thaddeus Sory – Interested Party) (2011) SCGLR 478 @ 484 its jurisdiction to proceed to deliver judgment in the suit”. According to the Applicants the Interested Party’s suit filed violated Section 1(2) of the Power of Attorney Act, 1998 (Act 549)because there was no witness signature to the document.
Further it is the case of the Applicants that the Respondent, the Magistrate did not exercise his discretion in accordance with law