THE REPUBLIC vs. THE HIGH COURT [2014]DLSC2887

Date	2014-02-13
Suit No.	CIVIL APPEAL NO. J5/13/2014
Citation No.	[2014]DLSC2887

ATUGUBA J.S.C. (PRESIDING)

ANSAH J.S.C.

BAFFOE-BONNIE J.S.C.

GBADEGBE J.S.C.

AKOTO-BAMFO (MRS.) J.S.C.

J. OPPOKU - AGYEI FOR THE APPLICANT

OSAFO BUABENG FOR THE INTERESTERED PARTY

[2014]DLSC2887
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>THE HIGH COURT<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO. J5/13/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 13TH FEBUARY, 2014<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>J.&nbsp; OPPOKU -
AGYEI FOR THE APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OSAFO BUABENG FOR THE INTERESTERED
PARTY<o:p></o:p>

</div>CORAM: <o:p></o:p>ATUGUBA J.S.C.
(PRESIDING), ANSAH J.S.C., BAFFOE-BONNIE J.S.C., GBADEGBE J.S.C., AKOTO-BAMFO
(MRS.) J.S.C.&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:10.0pt;text-align:center;
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</div>ATUGUBA J.S.C.<o:p></o:p>The facts<o:p></o:p><o:p>&nbsp;</o:p>The
applicant and the interested party were granted a divorce decree on the 23rd
day of September, 2009 by the High Court (Court 20), Accra subject to the
determination of ancillary reliefs. The applicant having remarried, was minded
to bring his new wife to the former matrimonial home. The interested party
claiming exclusive ownership of the said home filed a motion on the 4th
day of July, 2013 “praying the Court for an order of interlocutory injunction
to restrain the Respondent/respondent herein or his agents, privies, assigns
and whomsoever from bringing into the matrimonial house, House No. 233, Airport
West, Dzorwulu, Accra and any of the buildings listed as being in dispute in
this matter, the woman the respondent has recently married, or any other woman
to cohabit or live therein or for any purpose and from harassing and intimidating
the petitioner pending the final determination of the suit.”<o:p></o:p>The
motion eventually came before Elizabeth Ankumah J as vacation judge sitting in
High Court ( Court 9), Accra. Though the applicant attended court his counsel,
Edward Anokye, did not, but sought adjournments on grounds of ill health. Both
sides having filed their affidavits the motion was fixed for Ruling on the 2nd
day of September, 2013. However, the applicant, on account of the alleged ill
health of his said counsel, filed a motion in this (Supreme) Court on the 28th
day of September, 2013 per David K. Adade Boafo , “ for judicial review by way
of an order for Prohibition directed at the High Court, Accra, presided over by
Her Ladyship Justice Elizabeth Ankama (sic) restraining the Court from giving a
Ruling in respect of an application for an order for interlocutory injunction
dated 4th July, 2013, filed by the Interested Party herein which has
been fixed for Ruling on 2nd September, 2013, in&nbsp; a Petition entitled Nana Yaa Konadu vrs.
Alhaji Abdul Rashid – Suit No. BDMC 164/09, in which the Applicant herein is
Respondent/Respondent therein.<o:p></o:p>THE GROUNDS FOR
THE APPLICATION ARE AS FOLLOWS:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-outline-level:
 1;mso-list:l1 level1 lfo1">The
 High Court, Accra, a vacation Court, erred by insisting on going ahead to
 hear and give a Ruling in the absence of counsel for Applicant herein when
 he had written to the Court indicating that he wanted to rest during the vacation and alluded to his health in the said letter and thus denying the
 Applicant a hearing through his counsel.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-outline-level:
 1;mso-list:l1 level1 lfo1">The
 High Court, Accra erred by issuing a directive to the Applicant’s counsel
 to attend court when he had provided
 the Court with a medical report from the Cardiothoracic Centre at
 Korle-Bu advising that he should
 rest for a month &nbsp;while
 taking&nbsp; his medication and in the
 process denying the Applicant herein a hearing through his counsel
 particularly when Applicant’s
 counsel had stated in a letter that he intended filing a supplementary
 affidavit in opposition but could not do so because of his health.”
 (e.s.)<o:p></o:p></li>
</ol><o:p>&nbsp;</o:p>This motion was fixed for hearing on the 22nd
day of October 2013 but was struck out on that day pursuant to a notice of
withdrawal filed by the applicant’s counsel the previous day. In the interim
Elizabeth Ankumah J stayed her Ruling, &nbsp;but thereafter the parties were served with
notices dated the 28th day of October 2013 for delivery of the
Ruling on the 31st day of October 2013; on which day the interested
party’s aforementioned motion for interlocutory injunction was granted by
Elizabeth Ankumah J aforementioned.<o:p></o:p>Proffered Legal Basis for
the Application<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The applicant moves this court to quash
the said Ruling of Elizabeth Ankumah J dated the 31st day of October
2013 on the ground specified in his motion paper and maintained in his
statement of case as follows:<o:p></o:p>“The
ground for the application is that:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The High Court (Court 9)
Accra, presided over by Her Ladyship Justice Elizabeth Ankumah </main>