REPUBLIC vs. JAMES TOWN CIRCUIT COURT JUDGE; EX PARTE WHITESIDE

JUDGMENT OF TAYLOR J. This is an application for an order of certiorari to quash an order made by the circuit court on 22 March 1976, whereby the circuit court judge proceeding under the provisions of Order 35, r. 5 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), ordered that the applicant already in custody should continue to be in custody until the sum of ¢6,670.00 adjudged to be due to the second respondent together with the costs thereof are satisfied. Additionally and in the alternative the applicant also asks for any further or other orders as to this court may seem fit. The facts that gave rise to this application are as follows: the applicant as a result of a business transaction he had with the second respondent (hereinafter referred to as Asare) became indebted to him in the sum of ¢6,670.00. He was unable to pay and Asare fearing that he would flee the jurisdiction took out a writ of summons claiming the amount and applied for an absconding warrant......