FRANCOIS J.
In these proceedings counsel moves on behalf of the applicant Husunugbo Hedo for an order of certiorari to quash the order of the District Magistrate, Keta, dated 25 May 1970 decreeing penalties on the failure to pay a judgment debt due to the respondents.
The facts seem to me uncomplicated. The applicant and another person were brought before the said district magistrate at Keta on a judgment debtor summons. (The proceedings before the said magistrate have been exhibited here as exhibit A). The magistrate without inquiring into the means of the applicant to ascertain whether he was wilfully refusing to pay the debt in terms of the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II, Order 43, made the following pronouncement:
“Ruling. The judgment creditors submitted that the order of the court is that the judgment debtors to pay the cost before going forward with the action. The judgment debtors took fresh action without complying with the order of the court. Judgment creditor…