REPUBLIC V. DISTRICT MAGISTRATE GRADE II, DAMBAI; EX PARTE TIMPON
(1987) JELR 82609 (CA)
Court of Appeal
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14 May 1987
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Ghana
Coram
OSEI-HWERE JA., WUAKU JA., AMPIAH JA.
Appearances
Tabi Amponsah for the appellant No appearance by or on behalf of the respondent
Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>AMPIAH J.A. </strong></p><p style="text-align: justify;">This is an appeal against the order of the High Court, Ho granting an application for an order of certiorari to quash the judgment of the District Court Grade II, Dambai dated 15 November 1982.</p><p style="text-align: justify;">In 1982 one Nana Kafra II of Ahinkro-Adonkwanta instituted an action against one Nana Kofi Timpon Motodua, chief of Osramni at the District Court Grade II, Nkwanta claiming in substance a declaration of title to the Ahinkro land, damages for trespass and an order for perpetual injunction. It would appear that the plaintiff had asserted that the court had jurisdiction to hear the matter, whereupon the defendant had objected to the jurisdiction on the ground that the value of the land was above the jurisdiction of the district court, grade II. He had then petitioned the Chief Justice for the transfer of the case from that court. By a letter ref No. Conf/P/DM 159/49 dated 3 May 1982 the Chief Justice through the Judicial Secretary had advised that since he had not sufficient evi…</p>