REPUBLIC vs. DISTRICT MAGISTRATE GRADE II, BIBIANI; EX PARTE DAAH

JUDGMENT OF TWUMASI J. This is an application for the prerogative order of prohibition to issue against the District Magistrate Grade II, Bibiani, on the ground that he lacks jurisdiction to hear and determine a land suit pending before him. Needless to point out, section 38 of the Courts Act, 1971 (Act 372), limits the jurisdiction of the district court grade II in land matters to lands whose value does not exceed one thousand cedis (¢1,000). This statutory provision does not, however, seem to be riderless because section 37 (3) of the Act imposes a mandatory duty upon the district court to proceed to hear and determine any dispute relating to any land notwithstanding that its value exceeds one thousand cedis (¢1,000) “if the parties agree that it should do so.” Obviously, the converse must also be accorded an implied statutory force that, where the parties do not agree, the district court shall not proceed to hear and determine the suit. There are therefore two prerequisites: ...