THE REPUBLIC vs. DISTRICT COURT DABALA EX-PARTE; ESI AMABLE ENOCH AMEKUDI

RULING The present Application filed by the Applicant is for Certiorari Seeking to quash the Order of District Magistrate made in favour of the Applicant Ex- parte which culminated in the order of the Court dated 15th August, 2023. To the extent that the said Ruling of the Court rehash the previous order given without the hearing of the Defendant (Interested Party), it stands to reason that the rules of natural justice has been observed. It is a cardinal principle that a party should be heard before any order is made affecting him or her. To the extent that the said order which the learned District Magistrate relied in his Order dated 15th August, 2023, it stands to reason that same ought to be quashed. Let the order of 15th August, 2023 be brought up for the purposes of being quashed. For the avoidance of any doubt the previous Order dated 5th July, 2023 which was made Ex- parte is also quashed. The effect of this ruling is also for parties, Applicant and Interested Party to go ba...