Republic Vrs High Court (land Division) Accra; Ex Parte Morton Vrs F. K. A. Company Ltd [2016] GHASC 54 (28 July 2016)
The order of mandamus was made without service on the applicant, who stood to be affected by it. This amounted to a breach of the natural justice principle of audi alteram partem, warranting the grant of certiorari to quash the order.
- Citation
- [2016] GHASC 54
- Parties
- Applicant: Nii Noi Morton; 1st Interested Party: F. K. A. Company Ltd; 2nd Interested Party: Lands Commission
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 28 July 2016
- Procedural Posture
- Civil Motion / Ruling on Application for Certiorari
- Outcome
- Application for certiorari granted
- Legal Topics
- Certiorari, Mandamus, Natural Justice, Service of Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nii Noi Morton
Applicant
F. K. A. Company Ltd
1st Interested Party
Lands Commission
2nd Interested Party
Procedural Posture
Civil Motion / Ruling on Application for Certiorari
Legal Issues
- 1 Whether the High Court had jurisdiction to grant the order of mandamus without serving the applicant
- 2 Whether there was a breach of natural justice in failing to serve the applicant with the mandamus application
Ratio Decidendi
The order of mandamus was made without service on the applicant, who stood to be affected by it. This amounted to a breach of the natural justice principle of audi alteram partem, warranting the grant of certiorari to quash the order.
Court Disposition
Application for certiorari granted
Orders
- Order of mandamus in Suit No. LD/0214/2015 quashed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment