The Republic Vrs The High Court (commercial Division), Accra Ex Parte: Afriyie, Kuffour and Another [2021] GHASC 78 (26 May 2021)

The Republic Vrs The High Court (commercial Division), Accra Ex Parte: Afriyie, Kuffour and Another [2021] GHASC 78 (26 May 2021)

The majority held that the application was incompetent for failure to attach the impugned judgment and for being filed out of time without extension. The mortgagor's attorney, who was a party to the High Court suit, was deemed to have represented the mortgagor's interest, and the applicants had an opportunity to be...

Source-derived case information.

Citation
[2021] GHASC 78
Parties
Applicant: Nana Owusu Afriyie; Applicant: Dr. Kwame Addo Kufuor; Interested Party: First Atlantic Bank Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 May 2021
Procedural Posture
Civil Motion (certiorari) / Supreme Court Ruling on Application for Certiorari
Outcome
Application dismissed (majority); dissent would have granted certiorari and set aside the order for judicial sale.
Legal Topics
Certiorari, Natural Justice, Mortgage Enforcement, Locus Standi, Supervisory Jurisdiction, Limitation of Actions
Source Language
english
Banking Law Property Law Civil Procedure Certiorari Natural Justice Mortgage Enforcement Locus Standi Supervisory Jurisdiction +1 more

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Summary, issues, holding and outcome

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Parties

Nana Owusu Afriyie

Applicant

Dr. Kwame Addo Kufuor

Applicant

First Atlantic Bank Limited

Interested Party

Procedural Posture

Civil Motion (certiorari) / Supreme Court Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the High Court breached the audi alteram partem rule by ordering judicial sale of property without notice to the deceased mortgagor's estate
  2. 2 Whether failure to join the executors of the deceased mortgagor as parties rendered the High Court judgment a nullity
  3. 3 Whether the application for certiorari was incompetent for failure to attach the impugned judgment and for being filed out of time

Ratio Decidendi

The majority held that the application was incompetent for failure to attach the impugned judgment and for being filed out of time without extension. The mortgagor's attorney, who was a party to the High Court suit, was deemed to have represented the mortgagor's interest, and the applicants had an opportunity to be heard but abandoned it. There was no breach of natural justice warranting certiorari. The dissent held that the failure to join the mortgagor's estate as a party and to give notice rendered the High Court's order for judicial sale a nullity, which could be set aside at any time.

Court Disposition

Application dismissed (majority); dissent would have granted certiorari and set aside the order for judicial sale.

Orders

  • Application for certiorari dismissed for incompetence due to procedural breaches and being out of time.