…over application to quash Adenta High Court judgement on Tredstone Empire’s land
An application for certiorari to overturn a High Court judgment against BB Boakye, a defendant who passed away in 2010, was denied by the Supreme Court of Ghana, presided over by Justice Lovelace-Johnson and included Justices Tanko Amadu, S.K.A. Asiedu, H. Kwofie, and Y. Darko Asare.
The case, Republic vs. High Court, Adenta, Ex-Parte: Nana Antwi Bosiako, focused around a judgment issued on February 20, 2023, against the Defendant, who, according to the Applicant, died 11 years before the suit.
Tredstone Empire Limited became an Interested Party in the lawsuit after the Adenta High Court granted it control of the land.
The Aggrey family, owners of Blue Jeans Energy Drink, sued Dr. Harry Kporn-Dawson for demolishing a $3 million structure in Trassaco, Greater Accra. They claimed they had an enforceable legal permit to claim their father’s land and threatened to take their case to the Supreme Court to overturn a High Court decision against them.
Citing Section 37 of the Evidence Act to prove the defendant’s death, the applicant, represented by Emmanuel Yeboah Gyan, said that the High Court lacked the authority to provide a decision because judicial actions against a deceased person were considered a nullity.
Additional procedural concerns were brought to light by the applicant’s counsel, who asserted that Rule 62 of the Supreme Court Rules, which had previously limited such applications to 90 days, had been repealed, allowing for greater filing flexibility.
The Applicant’s legal team argued that the decision could not stand due to the defendant’s death.
They cited the Ofori v. Star Assurance Co. Ltd. case as precedent for clear proof of the plaintiff’s awareness of the defendant’s passing.
The Interested Party argued that the Applicant’s case is undermined by questions about the medical certificate and supporting paperwork.
Supreme Court’s Ruling
The Supreme Court highlighted in its conclusion that the key element of the case was the contested evidence of the defendant’s death, B.B Aboakye.
The Court found enough doubt in the death certificate to need additional factual findings to evaluate the legitimacy of the claim.
The Supreme Court denied the Certiorari Application, citing that the High Court had already identified the Defendant’s supposed death as an issue for determination.
The case supports the premise that certiorari applications will not be granted if there exists substantial doubt about the evidence or if the matter is currently being litigated in another judicial process.
Given the discretionary character of certiorari, the Supreme Court determined that there was no legitimate cause to approve the application.
The Court rejected the application, highlighting the necessity of conducting a thorough factual investigation into the case at the High Court level.
