THE REPUBLIC vs. DISTRICT MAGISTRATE COURT MADINA (RESPONDENT) EXPARTE: FIRST TRUST SAVINGS & LOANS CO.LTD OSEI KWAME AND KAMA DAVID (INTERESTED PARTY)

The parties to the instant application appeared before the Rent Officer, Accra, in respect of a dispute about the non-payment of rent regarding a property situate at Dzorwulu in Accra. After the Rent Officer had heard the parties he referred the matter to the Rent Magistrate, Madina with his recommendation that the applicants herein be ejected from the premises which they occupy and also for an order upon the applicant to pay the outstanding rent. The record of proceedings shows that when the parties appeared before the Rent Magistrate in Madina, the applicant raised an objection to the jurisdiction of the Rent Magistrate, Madina to hear the case because, according to them, the property, subject matter of the action, is situate at Dzorwulu which is in Accra and so the referral should have been made to the Rent Magistrate in Accra and not Madina. Indeed, after the objection had been raised, the record shows that the Rent Magistrate overruled the applicant and then went ahead to make an...