REPUBLIC VRS. DISTRICT COURT, ADA EXPARTE MENSAH AND ANOTHERE (E12/042/2023) [2024] GHAHC 210 (12 February 2024)

REPUBLIC VRS. DISTRICT COURT, ADA EXPARTE MENSAH AND ANOTHERE (E12/042/2023) [2024] GHAHC 210 (12 February 2024)

The District Court, Ada acted within its jurisdiction in granting joinder and amendments. Any procedural irregularity regarding representation or amendment of writs does not amount to a jurisdictional error or error on the face of the record to warrant certiorari. The proper remedy for any such error is appeal, not...

Source-derived case information.

Citation
REPUBLIC VRS. DISTRICT COURT, ADA EXPARTE MENSAH AND ANOTHERE (E12/042/2023) [2024] GHAHC 210 (12 February 2024)
Parties
Applicant: The Republic; Respondent: District Court, Ada; Applicant: Aboaji Mensah; Applicant: Godwin Tsatsu Mensah; Interested Party: Zebulon Okudzeto; Interested Party: Nene Agidi Ahavitse VI; Interested Party: Nomo Daniel Fierty; Interested Party: Nene Ofoe Gberbie
Court
ghahc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Judicial Review (certiorari) / Ruling on Motion for Certiorari
Outcome
Application for certiorari refused and dismissed.
Legal Topics
Judicial Review, Certiorari, Jurisdiction, Joinder of Parties, Amendment of Pleadings
Source Language
en
Civil Procedure Administrative Law Judicial Review Certiorari Jurisdiction Joinder of Parties Amendment of Pleadings

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Parties

The Republic

Applicant

District Court, Ada

Respondent

Aboaji Mensah

Applicant

Godwin Tsatsu Mensah

Applicant

Zebulon Okudzeto

Interested Party

Nene Agidi Ahavitse VI

Interested Party

Nomo Daniel Fierty

Interested Party

Nene Ofoe Gberbie

Interested Party

Procedural Posture

Judicial Review (certiorari) / Ruling on Motion for Certiorari

Legal Issues

  1. 1 Whether the District Court, Ada acted without jurisdiction or committed an error on the face of the record in granting joinder and allowing amendment of writs
  2. 2 Whether certiorari is the appropriate remedy in the circumstances

Ratio Decidendi

The District Court, Ada acted within its jurisdiction in granting joinder and amendments. Any procedural irregularity regarding representation or amendment of writs does not amount to a jurisdictional error or error on the face of the record to warrant certiorari. The proper remedy for any such error is appeal, not judicial review.

Court Disposition

Application for certiorari refused and dismissed.

Orders

  • Original Plaintiff (1st Interested Party) or his counsel to file amended writ and statement of claim for and on behalf of 1st Interested Party and serve all parties.
  • If 1st Interested Party wishes to engage counsel for 2nd, 3rd, and 4th Interested Parties, proper notice of appointment of solicitor must be filed.