THE REPUBLIC vs. HIGH COURT, ACCRA EX-PARTE – FARID DANIEL SALLOUM AND OTHERS, INTERESTED PARTIES; CHARLES SENYO COKER

The applicants instituted suit for ejectment and rent arrears against John Wilson Akoto. Charles Senyo Coker, the interested party, sought to be joined as co-defendant but his application was struck out for want of prosecution. Subsequently, Coker and another filed a separate suit claiming injunctions restraining the applicants from ejecting them from the premises. An interlocutory injunction was granted in favor of the interested party. The original defendant died and was substituted by his son, against whom judgment was entered in favor of the applicants. The applicants sought to execute a writ of possession against the substituted defendant. The interested party filed an ex parte application to set aside the writ of possession, which was granted by the High Court. The applicants challenged this order invoking the supervisory jurisdiction of the Supreme Court.

ANIN YEBOAH JSC: The applicants in this case have invoked the supervisory jurisdiction of this court to quash by certiorari the order of the High Court, Accra dated the 29/09/2010. The applicants and the interested party do not dispute the facts of this application. Briefly, the facts are as follows: On the 29/11/2001 the applicants as plaintiffs instituted an action against one John Wilson Akoto in suit number L653/2001 for reliefs of ejectment, arrears of rent menses profit and interest on the outstanding rent. One Charles Senyo Coker who is the interested party to this application applied to be joined as co-defendant. It appears that the application for joinder though filed on record was not moved and same was accordingly struck out on 20/10/2005 for want of prosecution. No procedural effort was made to either relist or repeat the application. On the 19/04/2006, however, the said Charles Sanyo Coker and Charles Duamoah Bortey commenced as action at the High Court, Accra as s...