[2024]DLHC18174 • February 12, 2024 • High Court
THE REPUBLIC vs. THE DISTRICT COURT,ADA EX-PARTE; ABOAJI MENSAH GODWIN TSATSU MENSAH, ZEBULON OKUDZETO & ORS
The Applicants challenged orders made by the District Court, Ada, including a joinder application and a motion to dismiss an amended writ of summons. The dispute arose because the 1st Interested Party and the 2nd, 3rd, and 4th Interested Parties were represented by different counsel, leading to two amended writs of summons being filed. The Applicants contended that the orders were made without jurisdiction and involved errors on the face of the record.
read moreRULING 1. INTRODUCTION [a] The Applicants, per their Counsel, filed this present application for judicial review for an order of certiorari to quash “an order for joinder application dated 15th February 2022 and for the Motion on Notice to Dismiss Amended writ of summons dated 20th July 2022 made by the District Court, Ada…” on the following grounds, among others, that the order(s) were made without jurisdiction and also that there is an error on the face of the record. 2. FACTS OF THE APPLICANTS’ CASE [b] In the supporting affidavit, the Applicants herein contended that the 1st Interested Party caused a writ of summons to be issued at the District Court Ada, seeking some reliefs against the Applicants herein. Pursuant to the orders of the District Court, Ada, the 1st Interested Party filed a statement of claim on the 13th of October 2022. [c] Counsel for the 2nd, 3rd and 4th Interested Parties subsequently filed a motion for joinder. The joinder application was gran...