THE REP. V. HIGH COURT, ACCRA EXPARTE DAVID ANDREAS HESSE

J U D G M E N T

GEORGINA WOOD (MRS), C.J.:

By this motion brought under rule 61 (1) of the Supreme Court Rules,1996, rule 16, the applicant prays for an order of certiorari to quash the ruling of Justice Cecilia Hanzzy Sowah dated 9th April 2008, and a further order of prohibition to restrain the learned judge from the further hearing of the substantive  action related thereto.

The facts leading to this instant application are not altogether complex; neither are the procedural nor the substantive legal issues arising from them. On the 29th of November 2006, the applicant instituted an action against the 2nd respondent and the interested party and on the 2nd April, 2007, successfully moved the court to obtain judgment in default of defence against the 2nd respondents for the reliefs claimed.  

On the 26th of April, 2007, the court dismissed an application filed on the 13th of April 2007, by the 2nd respondent, to set aside the default judgment. As the learned trial judge explained in …