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THE REPUBLIC
V.
THE HIGH COURT, ACCRA EX-PARTE: PAA KWESI YALLEY FRANCIS GYANE, BEN ATTOR

(2008) JELR 68430 (SC)

Supreme Court 21 May 2008 Ghana
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- The case involves an application to quash an order of the High Court that was made without jurisdiction. - The applicant had filed a writ of summons against the respondents for trespassing on a plot of land and obtained an interim injunct

Case Details

Suit Number:CIVIL MOTION NO. J6/2007
Judges:MRS. WOOD C.J. (PRESIDING), KPEGAH J.S.C., ATUGUBA J.S.C., ANSAH J.S.C., MRS. ADINYIRA J.S.C.
Counsel:A. G. BOADU FOR THE RESPONDENTS.

RULING

MRS. WOOD, C.J.

The case which triggered this instant application has suffered a series of dramatic twists and turns. Little wonder that we have been invited to intervene by issuing an order of certiorari to quash an order of the High Court presided over by Mrs Justice Ivy Ashong –Yakubu, dated the 22nd of January 2007.

The self explanatory grounds of the application to invoke our supervisory jurisdiction are that:

“The High Court acted without or in excess of jurisdiction by hearing the said suit which has been transferred from another High Court without the seal and authorisation of His Lordship the Chief Justice.
There was a patent error on the face of the record when the said High Court assumed it had jurisdiction and ordered a bench warrant for the arrest of the applicant.
That the orders of the High Court, Accra were made without jurisdiction and as such are null and void.”

The facts leading to this application are quite straightforward. In September 2006, the applicant caused a…

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