Republic Vrs District Court, Cape Coast Ex Parte; Addison (-M E10/13/2024) [2024] GHAHC 45 (18 April 2024)

Republic Vrs District Court, Cape Coast Ex Parte; Addison (-M E10/13/2024) [2024] GHAHC 45 (18 April 2024)

The District Court acted in excess of its jurisdiction by ordering the sureties to pay compensation to the complainant, as such an order is not authorized by Section 104 of Act 30. The order is therefore a nullity and void, and must be quashed by certiorari.

Citation
Republic Vrs District Court, Cape Coast Ex Parte; Addison (-M E10/13/2024) [2024] GHAHC 45 (18 April 2024)
Parties
Applicant: William Addison; Applicant: Mr. JK. Asamoah; Respondent: District Court, Cape Coast
Court
ghahc
Jurisdiction
Ghana
Judgment Date
18 April 2024
Procedural Posture
Judicial Review (certiorari) / Ruling on Application for Certiorari
Outcome
Application for certiorari granted; order of compensation quashed.
Legal Topics
Judicial Review, Certiorari, Excess of Jurisdiction, Forfeiture of Recognizance, Natural Justice
Source Language
eng
Administrative Law Criminal Procedure Judicial Review Certiorari Excess of Jurisdiction Forfeiture of Recognizance Natural Justice

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Parties

William Addison

Applicant

Mr. JK. Asamoah

Applicant

District Court, Cape Coast

Respondent

Procedural Posture

Judicial Review (certiorari) / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the District Court acted in excess of jurisdiction by ordering payment of compensation to the complainant by sureties in a forfeiture of recognizance proceeding
  2. 2 Whether the order for compensation is a nullity and void

Ratio Decidendi

The District Court acted in excess of its jurisdiction by ordering the sureties to pay compensation to the complainant, as such an order is not authorized by Section 104 of Act 30. The order is therefore a nullity and void, and must be quashed by certiorari.

Court Disposition

Application for certiorari granted; order of compensation quashed.

Orders

  • The ruling of 22nd September, 2023 for the payment of Three Thousand Five Hundred Ghana Cedis by the sureties to the complainant is quashed.