THE REPUBLIC vs. THE DISTRICT COURT, TAMALE EX PARTE IDDRISU YAKUBA CHANZEN NAA AMADU AWAL & 2 ORS

The applicant, who was the plaintiff in a land-related suit commenced at the District Court, Tamale on 24 August 2012, sought judicial review after the trial had long closed and the original magistrate who heard the evidence had been transferred. The evidence in the District Court had closed on 13 July 2015 and the matter was adjourned for the record to be typed for written addresses and judgment. No effective step was taken for about five years. When a new magistrate, H/W Amadu Issifu, later dealt with the matter, the applicant filed a motion described as one for relistment. The court proceeded without first adopting the earlier proceedings. Subsequently, on 14 April 2022, the 1st interested party applied to be joined as 4th defendant, and on 2 August 2022 the magistrate granted the joinder and ordered him to file a witness statement. The applicant contended that the magistrate lacked jurisdiction to proceed because no notice of intention to proceed had been filed after the long dormancy of the case, the proceedings had not been adopted by the new magistrate, and joinder at that stage was unlawful. Portion of judgment relied on: “The defendant called four witnesses including the one who is laying claim to the land in dispute and thereafter close their case on 13th July, 2015… That was the last time the matter appeared before the trial magistrate…”; and “On 14/4/2022, the 1st interested party out of the blue filed motion on notice for joinder almost ten 10 years after the issuance of the writ.”