THE REPUBLIC vs. HIGH COURT, HUMAH RIGHTS DIV. ACCRA EX-PARTE: JOSEPHINE AKITA, INTERESTED PARTIES; MRS. SALMA F. MANCELL-EGALA AND AG

Mancell Vocational Institute was bequeathed by Mrs. Rosamund Mancell to her five children. After the death of one child, Elizabeth Mansa Mancell, her three children (including Josephine Akita, the applicant) inherited her interest. The Institute was sold to the Ghana Government through the Ministry of Children and Women's Affairs in 2006 by four of the five children. The applicant contested the sale, claiming it was without the knowledge and consent of Elizabeth Mansa Mancell's children. The High Court dismissed the applicant's injunction and entire action and ordered the Government to take over the Institute. The applicant appealed and filed a motion to restrain the interested parties from acting inconsistently with her beneficial interest. The High Court judge ruled he had jurisdiction despite the appeal record being transmitted to the Court of Appeal (Form 6 served). The applicant then applied to the Supreme Court for certiorari to quash the High Court's decision on grounds of lack of jurisdiction and breach of audi alteram partem rule.

BROBBEY, JSC: This is a ruling on an interlocutory application. The facts which gave rise to the case are as follows: Mancell Vocational Institute (hereinafter referred to as the Institute) was owned by Mrs. Rosamund Mancell who died testate on 14 August 1987. She bequeathed the Institute to her five children. After the necessary probate had been taken, vesting assent was given to the children. One of the children was Elizabeth Mansa Mancell. She died in 1993, leaving behind three children by name Josephine Akita, Francisca Hammond and Ronald Renee. The three children took over the interest of Elizabeth Mansa Mancell in the estate. In this application, Josephine Akita describes herself as the applicant, the administratrix of the estate of the deceased Elizabeth Mansa Mancell and representative of herself and the two children (as appearing in the suit she brought earlier in the High Court). In 2006, an agreement was allegedly reached to sell the Institute. It was eventually boug...