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THE REPUBLIC
V.
THE HIGH COURT, COMMERCIAL DIVISION, ACCRA EX PARTE: JUDICIAL SECRETARY ASP NANA JUSTICE OPPONG

(2020) JELR 109760 (SC)

Supreme Court 26 Feb 2020 Ghana
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- The Supreme Court held that an application for certiorari cannot be used to quash a High Court refusal to refer a matter for constitutional interpretation under Article 130(2) unless the High Court acted without or in excess of jurisdicti

Case Details

Suit Number:J4/15/2019
Judges:BAFFOE-BONNIE, JSC (PRESIDING) APPAU, JSC MARFUL-SAU, JSC DORDZIE (MRS.), JSC KOTEY, JSC
Counsel:DAVID AMETEPE APPEARS IN PERSON FOR THE INTERESTED PARTY. WILLIAM POBI, CHIEF STATE ATTORNEY WITH NICHOLAS NBEAH FOR THE APPLICANTS.

RULING

BAFFOE-BONNIE, JSC

For a fuller appreciation of this ruling I will set out in material detail the facts and series of  events that have culminated in this application. 

The interested party herein, David Ametefe, brought an action in tort against ‘ROSE BIO  ATINGA’ and 5 other named persons claiming among other reliefs, damages for wrongful  arrest and damages for assault and battery. This writ was issued on 27/1/2011. The trial  which started in 2012, for some unexplained reasons, travelled through to October 2016.  

On 26th October, 2016 when 2nd defendant, who was then in the box for continuation of  cross-examination, failed to appear, the trial judge ruled thus,

“The defendants have continuously been absent to prosecute. I would expunge the  evidence of the 2nd defendant from the record and deem the evidence of the defendants to  have been closed and further direct the plaintiff to file their written addresses on or before  11th day of November, 2016 with the defendants reac…

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