[2018]DLHC3494 • January 18, 2018 • High Court
THE REPUBLIC vs. DISTRICT MAGISTRATE COURT, KANESHIE EX PARTE GLADYS NTOW
The applicant, Gladys Ntow, claimed to be the widow and a beneficiary of the Social Security contributions of the deceased Nicholas Ntow Dartey, originally allocated 70% of the benefits. Unknown to her, a motion was filed by Paulina Dartey and Isaac Dartey to vary the nomination, reducing her share to 10%, without notice to her. She appeared before the District Court to set aside the variation order, but her motion was struck out for want of prosecution on a date she was not notified of. She contended that these rulings were made without jurisdiction and in breach of natural justice, specifically the audi alteram partem rule.
read moreApplicant has invoked the supervisory jurisdiction of the High Court under Order 55 of the High Court (Civil Procedure) Procedure Rules, C.I 47 for orders in the nature of certiorari to bring to the court for the purpose of being quashed, one, a ruling of the District Court 1, Kaneshie dated the 15th May, 2017 which varied the Social Security nomination by Nicholas Ntow (decd) and two, a ruling of the same District Court, dated the 6th of July, 2017 striking out the motion filed by Applicant to set aside the order varying the social security contribution beneficiary nomination by Nicholas Ntow Dartey granted on the 15th of May, 2017. The grounds for seeking certiorari to quash the two rulings of the District Court, Kaneshie has provided as: a.Lack of jurisdiction to make the order varying the Social Security beneficiary nomination by Nicholas Ntow dated the 15th of May, 2017 and the Ruling dated the 6th July, 2017 striking out the Applicants motion for an order to set aside the ord...