FIDELITY BANK LIMITED V. SAMUEL ADJEI & 2 ORS.

RULING

Before me is a motion on notice praying this court for an order of ejectment.

Before counsel for the Plaintiff/Applicant could start her submissions based on the affidavit in support of the application, the court noticed that the said affidavit had not in fact been signed by the deponent, even though a commissioner of oaths had commissioned it. This raises a question of irregularity on the face of the said affidavit.

The case of the Republic v. High Court, Kumasi, ex parte Atumfuwa and Anor (2000) SC GLR 72 is relevant to the point raised.

In that case, the Plaintiffs had filed an application for certiorari in the Supreme Court to quash a portion of the ruling of the High Court.

The parties filed their respective statement of case after which a date was set for ruling on the date the ruling was to be delivered, the court discovered that the affidavit in support of the application for certiorari was unsworn, leave was granted for the affidavit to be regularised.

The Respondent applied…