REPUBLIC
V.
DISTRICT MAGISTRATE, KETA AND ANOTHER; EX PARTE HEDO

(1971) JELR 63573 (HC)    
High Court  ·  23 Jun 1971 ·  Ghana
 · 
Other Citations
[1971] 2 GLR 459
CORAM
FRANCOIS J.
Core Terms Beta
order
procedure
court of appeal
failure
judgment debtors
matter
face of the record
high court
inquiry
cases
inferior court
judgment creditors
order of the court
accused person
balance n
behalf of the applicant husunugbo hedo
court hearing
court of that fact
default judgment creditors
exact legal proof
ex parte armah
facts
following pronouncement
foreign compensation commission
francois j.
governor of brixton prison
h.l. lord morris
inferior tribunals
instant application
judgement of the court of appeal
judgment debt
judgment debtor summons
kwame kwakye
later jurisdiction
learned judge’s caveat
liberty of a suitor
means of the applicant
only proper course
order of certiorari
order of the district magistrate
particular issue
peculiar facts of this case
proper determination of this matter
proper inquiry
said district magistrate
said magistrate
subject-matter
supreme court
term of imprisonment independent of the magistrate
terms of the courts ordinance

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 credito…

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