THE REPUBLIC vs. THE DISTRICT MAGISTRATE, ACCRA.. EX-PARTE: REV EMMANUEL A. BROWN LAMICO COMPANY LTD

AGBEVOR, J.A. The instant appeal by the applicant is in the nature of judicial review to quash the order of the High Court and dismiss the order of the District Magistrate dated the 10th February 2016. The basis for this application is, on 9th July 2015 the applicant issued a writ in the District Court against defendants praying for:- a) Eviction order b) Costs inclusive of litigation expenses and counsel’s fees. The defendants though served, failed to be present in court leading to judgments in favour of the plaintiff (applicant). Applicant served the defendants with a formal decree on the 13th October 2015 and also filed an ex-parte application for leave to issue a writ of possession for a declaration of title of the property even though there was not application for declaration of title in his writ. The writ of possession was however granted on 22nd October 2015. The applicant followed up with an ex-parte application for an order to demolish the structures on the premises .....