THE REPUBLIC vs. THE HIGH COURT (PROBATE & ADMINISTRATIVE 2), ACCRA EX PARTE: ELIZABETH DARKO

The applicant, Elizabeth Darko, formerly married to the deceased Nana Owusu Darko, filed a suit seeking among other reliefs, revocation of probate granted over the deceased's will. The deceased died after their marriage was dissolved, leaving a will appointing executors. The applicant filed a caveat to prevent issuance of probate but learned that despite the caveat, steps were being taken to issue probate. She filed a writ of summons with multiple reliefs including declaration of nullity of the will, revocation of probate, and claims against the estate. The executors opposed and filed a motion to strike out the suit and counterclaim for failure to file notice to lodge probate as required by procedural rules. The High Court struck out the suit and counterclaim. The applicant sought certiorari to quash the High Court's orders.

AMADU, JSC:- (1) My Lords, the application before us invokes the supervisory jurisdiction of this court for an order of certiorari to bring up into this Court for purposes of it being quashed and quashing orders made by the Probate and Administration Division of the High Court Number 2, in the suit numbered PA 520/2020 and intituled Elizabeth Darko Vs. Tracy Opoku Darko & Others. Although on the face of the motion paper, the Applicant states that the prayer for certiorari is targeted at the orders made by the High Court, dated Wednesday the 11th day of November 2020, the Applicant has not specified which orders are sought to be quashed. (2) This observation is made in view of the prayer set out on the face of the motion paper. It is clearly stated therein that the application for certiorari is prayed for, to quash the "orders" of the High Court. This Court has time without number, pointed out that applications invoking the supervisory jurisdiction of the Court are technical in natu...