REPUBLIC V. HIGH COURT, ACCRA LAND DIV. (7) ACCRA EXPARTE THE REGISTERED TRUSTEE OF EAST DADEKOTOPON DEVELOPMENT TRUST

RULING

TORKORNOO (MRS), JSC

The matters in controversy in this application for an Order of Certiorari have zig-zagged between the High Court, the Court of Appeal and the Supreme Court, since 2017, and unworthily so. 

 BACKGROUND 

On 8th March 2017, the 1st Interested Party herein sued the 2nd and 3rd Interested parties in a suit titled and numbered Adolph Tetteh Adjei v. Anas Aremeyaw Anas, Holy Quaye Suit No LD/0256/2017 for declaration of title to 2.0 acres of land situate at East La Dadekotopon, damages for trespass, recovery of possession and injunction to restrain further trespass. After entering appearance and without filing a defence, the 2nd and 3rd Interested Parties prayed the high court presided over by Justice Gyimah for an order to dismiss the suit on the ground that it is an abuse of process.

According to the Ruling of Gyimah J attached to the application before us as Exhibit B and dated 31st August 2017, the ground for their application was that the issue of ownership of the…