THE REPUBLIC vs. THE DISTRICT MAGISTRATE - KANESHIE KWABENA ADU EX-PARTE: KWAME OWUSU

APALOO JA This is an appeal from the ruling of the High Court Accra dated 14 November, 2007. The Applicant in the court below now Appellant before us has attacked the ruling of the High Court on five grounds of appeal. The main reason for the attack on the decision appears to be the refusal of the High Court to quash the ruling of the District Magistrate Kaneshie and secondly the failure to prohibit the Magistrate from hearing the substantive suit between the 2nd Respondent and the applicant. The applicant had brought a motion before the High Court to quash the District Court’s ruling dated 10th August 2007. In the same application the applicant had sought an order of prohibition directed at the District Court to prohibit the Court from hearing the suit between the parties. After hearing Counsel for both parties the High Court Judge in a terse manner delivered himself as follows; “I am convinced that the judgment sought to be quashed does not lend itself to a certiorari applic...