[2008]DLSC2450 • December 10, 2008 • Supreme Court •
ANTHONY KWABENA ANYAN vs. THE HIGH COURT, ACCRA
The Applicant and Interested Party were sublessees of Edward Nassar and Co. Ltd, lessee of Government of Ghana for a land parcel. The Interested Party obtained judgment against the Applicant for title to plot No. 1A. Execution was granted and a writ of possession issued. During execution, the Interested Party allegedly attached a different property belonging to the Applicant, not the one subject to the judgment. The Applicant claimed interest in the attached property, contending wrongful execution. The High Court ruled the attached property was different from that in the judgment and held the Applicant had no interest in it, reasoning that the Applicant's leasehold interest had expired with the head lease of Edward Nassar and Co. Ltd.
read moreOWUSU, (MS) J.S.C: This is an application to invoke the supervisory Jurisdiction of the Supreme Court under Article 132 of the constitution, which reads as follows: “The supreme court shall have supervisory Jurisdiction over all courts and over any adjudicating authority and may in the exercise of that supervisory Jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power.” The Applicant is seeking an order of certiorari directed to the High Court presided over by J. B. Benson J. to move into this court for the purpose of quashing that part of the ruling of the court dated 10th day of June, 2008, that “the claimant has no interest in the subject matter of this application.” Before we proceed to deal with the application, we deem it necessary to touch on the title of the application as stated: No issue has been raised in this application on the title as stated but all the same we feel the need to have it c...