REPUBLIC vs. REGISTRAR HIGH COURT, SEKONDI; EX PARTE ESSEL [1980]DLHC2188

Date	1980-08-19
Suit No.
Citation No.	[1980]DLHC2188

ANDOH J.

K. A. ERSKINE FOR THE APPLICANT IN FIRST APPLICATION.

J. MERCER FOR THE APPLICANTS IN SECOND APPLICATION.

G. OWUO FOR THE FIRST RESPONDENTS.

[1980]DLHC2188
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>REGISTRAR HIGH COURT, SEKONDI; EX PARTE ESSEL <o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p>[1982-83] GLR 333<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
19 AUGUST 1980<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

K. A. ERSKINE FOR THE APPLICANT IN FIRST
APPLICATION. <o:p></o:p>

J. MERCER FOR THE APPLICANTS IN SECOND
APPLICATION. <o:p></o:p>

G. OWUO FOR THE FIRST RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ANDOH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANDOH J.<o:p></o:p>There are
two applications before this court. The first one filed by Mr. K. Atta Erskine,
counsel for and on behalf of the applicant, Paul Storm Acheampong of Takoradi,
is for an order of mandamus directed to the deputy sheriff, District Court
Grade I, Takoradi to eject Andrew Essel, Effuah Mbah and Kojo Esson all of
house No. 59/4, Agyeman Road, Takoradi or for an order of contempt of court or
both of the said last three persons from continuing to live in the said
premises despite an order of Ansah-Twum J. ordering their ejectment from the
said premises to enable the said house to be repaired, reconstructed and
renovated.<o:p></o:p><o:p>&nbsp;</o:p>The
second application is brought by Mr. James Mercer, counsel for and on behalf of
Andrew Essel, Affua Mbah and Kojo Esson all of the said house praying this
court, for an order of prohibition restraining the registrar, High Court,
Sekondi, the deputy sheriff, District Court Grade I, Takoradi and Paul
Acheampong, the applicant in the first application, from executing, enforcing
or in any way carrying into effect the judgment or order of the High Court,
Sekondi dated 11 May 1979, or of the rent officer of 10 May 1976 on the ground
of their being void for want of jurisdiction and for such further order or
orders as this court may deem fit.<o:p></o:p><o:p>&nbsp;</o:p>The facts
were these: Paul Storm Acheampong, the applicant in the first application, is
the customary successor of the late Kofi Mensah. Kofi Mensah himself was the
successor of the late Kofi Essel who was the owner, by self-acquisition, of
house No. 59/4, Agyeman Road, Takoradi. Andrew Essel, Effuah Mbah and Kojo
Esson all of house No. 59/4, Agyeman Road, Takoradi, are the children of the
late Kofi Essel, the owner of the said house. As children of the late Kofi
Essel, they lived in the said house without paying rent. When the late Kofi
Mensah succeeded to their father’s estate, the position did not change.<o:p></o:p><o:p>&nbsp;</o:p>The three
children continued to live in their late father’s house. It seems there were
other tenants in the house who were paying rent. When Paul Storm Acheampong
became the customary successor of the late Kofi Mensah, he applied for and was
granted letters of administration in respect of this house. The house appeared
to have been in need of repairs. He notified all in occupation of the premises
to leave to enable the necessary repairs and renovations to be done.<o:p></o:p><o:p>&nbsp;</o:p>The
tenants refused to quit and the relatives in occupation also refused to quit. A
complaint was made to the rent officer who after inquiries ordered the tenants
perhaps including Andrew Essel, Effuah Mbah and Kojo Esson to quit from the
premises. But these mentioned persons were no tenants and therefore probably
not amenable to the jurisdiction of the rent officer. The tenants including the
relatives appealed to the rent magistrate.<o:p></o:p><o:p>&nbsp;</o:p>The rent
magistrate set aside the order of the rent officer thereby restoring the
tenants and the children in occupation of the premises. It seems to me that
during the second hearing before the rent magistrate, Essel, Mbah and Esson
identified themselves with the tenants and gave them or one of them the mandate
to represent them and prosecute the appeal which was successful. Paul Storm
Acheampong appealed to the High Court, Sekondi, and by a judgment of Ansah-Twum
J. dated 11 May 1979, the appeal was allowed. The children of the late Kofi
Essel applied to the High Court for a stay of execution before Ansah-Twum J.<o:p></o:p>