THE REPUBLIC V. REGISTRAR DISTRICT COURT, EX-PARTE: GOD’S MERCY CONSTRUCTION & TRADING LTD AND KWADWO KUMAH (JOSEPH GYIMAH, INTERESTED PARTY)

JUDGMENT:

The present Application is for a twin prayer as follows:

a) An Order of Certiorari directed at the District Court, Suame, Kumasi, Coram: His Worship Emmanuel Mawuli Ekuna (Esq.), to quash the ruling of the Court dated 27th May, 2024, in Suit No. C9/70/2024.

b) An Injunction restraining the Respondent and the Interested Party from purporting to enforce the said ruling of the District Court the subject matter of this certiorari application and from interfering with the ownership, rent, possession and use of the disputed store by the Applicant.

The Applicant’s grounds for the Application are:

1) That the decision of the District Court, to grant a mandatory injunction to the Interested Party by resorting to a law not applicable in the context of the case amounted to a patent error of law apparent on the face of the record.

2) That there has occasioned a patent error apparent on the face of the record, when the District Court, without making a definite pronouncement on whether the agre…