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THE REPUBLIC V. THE DISTRICT COURT MENA KUMA & ANOR

(2018) JELR 66271 (CA)

Court of Appeal  •  SUIT NO. H1/06/18  •  28 Nov 2018  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), HENRY A. KWOFIE J. A., AMA GAISIE (MRS) J. A.

Appearances
SHADRACK YEBOAH OBENG ESQ. FOR INTERESTED PARTIES/APPELLANTS,MATTHEW APPIAH ESQ. FOR APPLICANT/RESPONDENT.

Judgement

MARIAMA OWUSU, JA

On 31st July, 2015 the High Court, Mampong Ashanti, granted the applicant’s application for certiorari and quashed the judgment of the District Magistrate Court, Effiduase-Ashanti, dated 28th October, 2010, as being void on the ground of being a mistake.

Dissatisfied with the decision of the High Court, the interested parties/appellants appealed to the Court of Appeal on the following grounds:

a. The trial Judge erred when he held that the orders of the High Court dated 10th February, 2005 was a mistake and therefore void.

b. That the trial Judge erred by ordering for the judgment of the District Magistrate Court, Effiduase to be quashed.

Further grounds to be filed when the records are ready.

The relief sought from the Court of Appeal is to set aside the honourable court’s said ruling dated 31st July, 2015 and rule in favour of the interested party.

The matters culminating in the present appeal are as follows:

On 2nd April, 2015, the applicant/respondent (herein referred to…

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