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ABEDNEGO NII KOJO BINEY
V.
THE DISTRICT MAGISTATRE COURT

(2017) JELR 67361 (HC)

High Court 31 Jul 2017 Ghana
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- The Applicant sought a judicial review to quash the decision of the District Court, Adjabeng, Accra, dated 23rd October 2014, claiming an error patent on the face of the record. - The Applicant had initially instituted an action against t

Case Details

Suit Number:SUIT NO: HRCM/94/15
Judges:JUSTICE GIFTY AGYEI ADDO HIGH COURT JUDGE
Counsel:YVONNE AKUFFO ADDO FOR KWAME BOAFO AKUFOFOR THE APPLICANT; NO LEGAL REPRESENTATION FOR THE RESPONDENT AND INTERESTED PARTY.

ADDO, J.

The Applicant originated this action for judicial review in the nature of an order for certiorari to be issued to quash the decision of the District Court, Adjabeng, Accra, dated 23rd October, 2014, on the grounds of an error patent on the face of the record. Per the supporting affidavit to the application as well as the statement of case of the Applicant, this is the case of the Applicant:

That the Applicant instituted an action against the Interested Party in a suit at the District Court, Adjabeng, Accra, for a declaration of title to property devised in the will of the late Cecilia Osekuo Otoo and for an order for vacant possession. According to the Applicant, judgment was delivered by the District Court on 23rd October, 2014, presided over by His Worship, Isaac Addo. The Court in the said judgment held that the portion of the property in dispute which was not devised in the said will constitutes family property.

The Applicant states in paragraphs 10 of her affidavit in suppo…

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