[2008]DLCA6632 • July 31, 2008 • Court of Appeal
THE REPUBLIC vs. THE REGISTRAR, DISTRICT COURT – CAPE COAST EX-PARTE: EDWARD OHENE ANSAH
The appellant, Edward Ohene Ansah, along with others, were tenants at House No. D55/3, Coronation Street, Cape Coast. The landlord, Thomas H. Croffie, initiated proceedings before the Rent Officer for their ejection to enable repairs. The Rent Officer recommended their ejection. The appellant and others refused to vacate, prompting the landlord to seek enforcement at the Community Tribunal (District Magistrate Court). The Tribunal enforced the Rent Officer's orders and ejected the appellant and others on 10/1/2002 after the appellant failed to appear in court. The appellant did not appeal the order. Four years later, the appellant sought an extension of time to file for judicial review to quash the Tribunal's order, alleging procedural irregularities and breach of the audi alteram partem rule.
read moreYAW APPAU, J.A. This is an appeal against the decision of the High Court, Cape Coast delivered on 21st June 2007. The grounds of appeal as obtained in the Notice of Appeal filed on 26/6/07 were as follows: (i) That the judgment is against the weight of evidence. (ii) That further grounds of appeal would be filed on the receipt of the record of proceedings. No further grounds of appeal were filed so the only ground of appeal the appellant argued in his statement of case is the first ground above, to wit; “The judgment is against the weight of evidence”. The brief facts giving rise to the instant appeal are that one Thomas H. Croffie of Coronation Street Cape Coast took action before the Rent Officer Cape Coast for the ejection of the appellant in this appeal and three others from House No. D55/3, Coronation Street, Cape Coast where they resided as tenants, for him to undertake repairs on the house among others. The Rent Officer made his own investigations into the matter an...