REPUBLIC
V.
CIRCUIT COURT JUDGE, ACCRA; EX PARTE SAKARA

(1990) JELR 63624 (SC)    
Supreme Court  ·  9 Jul 1990 ·  Ghana
 · 
Other Citations
[1989-90] 2 GLR 379
CORAM
FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI JSC,OSEI-HWERE JSC,AIKINS J.S.C.
Core Terms Beta
circuit court
high court
circuit court judge
learned circuit court judge
courts act
operation of the said section
tenant suits
ammah j.
ruling of her honour beatrice agyeman-bempah
recoverable rent
housing committee
enactment of p.n.d.c.l.
recovery of possession
accra-tema city council
jurisdiction of the circuit court
similar words
rent control law
demolition of unauthorised structures
ex parte tay
decision of the judge
section
jurisdiction
original jurisdiction
jurisdiction of a circuit court
following passage of his ruling
respect of any residential accommodation
office of the judicial secretary
district court
civil matters
learned judge
part of the public tribunal system
whole time employment
ejectment of a tenant
later act
clear legislative intention
quarter sessions
exclusive jurisdiction
tenant cases
6th day of march
rent control
latter enactment
kumasi municipal council
such applications
supreme court
application
accra
jurisdiction of the court
district magistrate
municipal councils
double rooms

AMUA-SEKYI J.S.C.: In Republic v. Circuit Court, Accra; Ex parte Tay, High Court, Accra, 23 August 1989, unreported, the applicant therein invited the High Court presided over by Ammah J. to quash a ruling of her Honour Beatrice Agyeman-Bempah, Circuit Court judge, that she had no jurisdiction to entertain landlord and tenant suits where the recoverable rent was under ¢1,000 per month. The application failed, and Ammah J. confirmed the decision of the judge that the body vested with jurisdiction was the rent and housing committee set up as part of the public tribunal system by the Rent Control Law, 1986 (P.N.D.C.L. 138) as amended by the Rent Control (Amendment) Law, 1986 (P.N.D.C.L. 163). When therefore the present applicant issued his writ claiming rent at the rate of ¢400 per month and asking for recovery of possession and the matter came before her, the learned circuit court judge had no doubt in her mind that she could not entertain the suit. Although it was undefended she declin…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login