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THE REPUBLIC
V.
THE HIGH COURT ACCRA EX PARTE: THE CHARGE D’AFFAIRES AND OTHERS

(2016) JELR 65948 (SC)

Supreme Court 24 Feb 2016 Ghana
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- The Supreme Court granted certiorari, quashing the High Court's mandamus orders made in reliance on a judgment already set aside by the Court of Appeal, thereby confirming such orders were nullities for want of jurisdiction. - The Court a

Case Details

Suit Number:CIVIL APPEAL NO. J5/34/2015
Judges:ATUGUBA JSC. [PRESIDING], ANSAH JSC, BAFFOE - BONNIE JSC, BENIN JSC, PWAMANG JSC.
Counsel:KWESI AUSTIN ESQ. FOR THE APPLICANT; CECIL ADADEVOH (P. S. A) 3RD AND 4TH INTERESTED PARTIES., T. N. WARD - BREW ESQ. FOR THE 5TH INTERESTED PARTY.

PWAMANG JSC.

This is an application invoking our supervisory jurisdiction pursuant to Article 132 of the 1992 Constitution praying for an order of certiorari to bring into this court the orders made on 1st September, 2014 by the High Court, Accra in Suit No. BMISC 995/2014 for the purpose of being quashed.

The brief facts are that by a writ of summons in Suit No. BC 285/07 dated 28th March, 2007, one Theophilus Leighton (deceased) instituted an action against the applicant herein in the High Court, Accra claiming 21 reliefs, key among which are the following:

(i) Declaration of title to House No. 2 East Cantonments Residential Area, Accra which the defendant has been occupying as a tenant since 1987.

(ii) Payment of accumulated rent arrears of $598,252.17 by the Defendant for its occupation of the said House No. 2, East Cantonment Residential Area, Accra.

(iii) An order of ejection and recovery of possession of House No. 2, East Cantonment Residential Area, Accra.

On 21st October, 2009, the…

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