Republic Vrs District Court Dabala (E10/04/2024) [2024] GHAHC 398 (20 February 2024)

IN THE HIGH COURT OF JUSTICE HELD IN SOGAKOPE ON TUESDAY THE 20TH DAY OF FEBRUARY, 2024 BEFORE HIS LORDSHIP JUSTICE DANIEL MENSAH, JUSTICE OF THE HIGH COURT __________________________________________________________________ SUIT NO: E10/04/2024 THE REPUBLIC -VRS- DISTRICT COURT DABALA -------- RESPONDENT ENOCH AMEKUDI -------- INTERESTED PARTY EX-PARTE :- ESI AMABLE --------- APPLICANT PARTIES: APPLICANT PRESENT. INTERESTED PARTY PRESENT RESPONDENT PRESENT. COUNSEL: MR. AWUKU ATAKLI ESQ., COUNSEL FOR APPLICANT PRESENT. 1 By Counsel for Respondent:- We are not opposed to the Application. By Applicant Counsel:- Says we rely on the Affidavit in Opposition. RULING The present Application filed by the Applicant is for Certiorari Seeking to quash the Order of District Magistrate made in favour of the Applicant Ex- parte which culminated in the order of the Court dated 15th August, 2023. To the extent that the said Ruling of the Court rehash the previous order given without the hearing of the Defendant (Interested Party), it stands to reason that the rules of natural justice has been observed. It is a cardinal principle that a party should be heard before any order is made affecting him or her. To the extent that the said order which the learned District Magistrate relied in his Order dated 15th August, 2023, it stands to reason that same ought to be quashed. Let the order of 15th August, 2023 be brought up for the purposes of being quashed. For the avoidance of any doubt the previous Order dated 5th July, 2023 which was made Ex- parte is also quashed. The effect of this ruling is also for parties, Applicant and Interested Party to go back to the District Magistrate Court to have their Suit adjudicated properly. (SGD.) H/L JUSTICE DANIEL MENSAH (JUSTICE OF THE HIGH COURT) 20:02:2024. 2 3