[2017]DLHC3931 • July 31, 2017 • High Court
ABEDNEGO NII KOJO BINEY vs. THE DISTRICT MAGISTATRE COURT
The Applicant instituted an action at the District Court, Adjabeng, Accra, seeking a declaration of title to property devised in the will of the late Cecilia Osekuo Otoo and an order for vacant possession. The District Court held that the portion of the property not devised in the will constituted family property. The Applicant challenged this decision, alleging a grave error of law on the face of the record.
read moreThe Applicant originated this action for judicial review in the nature of an order for certiorari to be issued to quash the decision of the District Court, Adjabeng, Accra, dated 23rd October, 2014, on the grounds of an error patent on the face of the record. Per the supporting affidavit to the application as well as the statement of case of the Applicant, this is the case of the Applicant: That the Applicant instituted an action against the Interested Party in a suit at the District Court, Adjabeng, Accra, for a declaration of title to property devised in the will of the late Cecilia Osekuo Otoo and for an order for vacant possession. According to the Applicant, judgment was delivered by the District Court on 23rd October, 2014, presided over by His Worship, Isaac Addo. The Court in the said judgment held that the portion of the property in dispute which was not devised in the said will constitutes family property. The Applicant states in paragraphs 10 of her affidavit in suppor...