THE REPUBLIC V. HIGH COURT, COMMERCIAL DIV. EX PARTE YVONNE AMPONSAH BROBBEY

RULING

KULENDI, JSC

INTRODUCTION

The Applicant invokes our supervisory jurisdiction for an order of certiorari to quash the ruling of the High Court (Commercial Division), dated 7th June, 2022. The said ruling entailed the dismissal of a preliminary legal objection to the High Court’s jurisdiction to entertain an application for an order to punish the Applicant for intermeddling pursuant to Order 66 of the High Court Civil Procedure Rules, 2004 (C.I. 47). 

BACKGROUND

On the 19th of May, 2022, the Interested Party herein filed a motion on notice under Order 66 Rule 3 of C.I. 47 praying for an order to punish the Applicant herein for intermeddling in the estate of one Richard Nkrumah (deceased), the father of the Applicant who died intestate on 31st October 2019. 

The Applicant caused her solicitors to file a Notice of Preliminary Legal Objection on 2nd June, 2022 contending that: intermeddling under Order 66 of C.I. 47 being a criminal offence cannot be prosecuted by private citizens  via mo…