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REPUBLIC V. HIGH COURT, ACCRA: EX PARTE SINARE AND OTHER

(1991) JELR 66936 (CA)

Court of Appeal  •  25 Jul 1991  •  Ghana

Coram
ESSIEM JA, AMUAH JA, KPEGAH JA

Judgement

ESSIEM J.A.

This is an appeal from the ruling of the High Court, Accra constituted by Mrs Sawyerr-Williams Ag. J. by which the learned judge quashed by certiorari an order of the rent magistrate which set aside an order for forcible ejectment of a tenant. That order was set aside on the ground that it had been obtained by fraud.

The record shows that after the order for forcible ejectment had been executed, the tenant, who is the interested party-appellant before us, applied unsuccessfully to set aside the execution. The record does not disclose the basis for the application, but learned counsel for the respondent in his submissions before the High Court indicated that the application was based on an allegation of fraud.

Subsequent to this refusal, the chief rent officer, upon whose recommendation the order for forcible ejectment was made, informed the district court writing that the recommendation he made to the court for an order of forcible ejectment was based on a false affidavit whi…

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