Republic Vrs High Court, (land Division) Accra; Ex-parte: Abdulai Yahya and Others [2018] GHASC 92 (29 May 2018)

29-05-2018 IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING IN ACCRA ON TUESDAY THE 29TH DAY OF MAY 2018. CORAM: ADINYIRA JSC (PRESIDING), YEBOAH, BAFFOE-BONNIE, APPAU & PWAMANG JJSC. CIVIL MOTION NO. JS/33/2018 THE REPUBLIC VRS HIGH COURT, (LAND DIVISION), ACCRA EXPARTE: ABDULAI YAHYA & ORS. Applicants present Asafoaste Odoi Ill representing the pt Interested party Thomas Hughes for the applicants with him Suleman Disu. Adjei Lartey for the 1st Interested party. Adjei Lartey: I am withdrawing the preliminary legal objection to the application. Court: The preliminary legal objection is struck out as withdrawn. Hughes: The judgment was a nullity as it breached the rules of natural justice, as they were in full possession of the land, and had land title certificates to the lands, we were not served with any process in respect of the case nor notified with the pendency of the suit before the High Court. The 1st Interested party knew we were on the land and did not give us notice of the suit. The area we occupy consiste.d of 45, 000 acres of land. VVe had notice of the judgment in February, 2018 and then v,.;e flied the application . The Defendant in that suit is unknown to us and owns no land in the arqa. Lartey: I have nothing to say. I leave everything in the hands of the Court. By Court: After listening to counsel on both sides and .considering the affidavits and statements filed as well, we are satisfied that this is a proper case to exercise our discretion in favour of the applicants. Accordingly we grant the application for certiorari and we order that the judgment of the High Court, Accra Land Division (4) presided over by Asuman Adu J be brought in to be quashed and it is hereby quashed. Hughes: We ask for costs of GH¢ 30,000. Lartey: We offer them cost of GH¢ 2, 000 BY COURT: The applicants are awarded costs of GH¢ 5,000 against the Great Ningo Traditional Council. (SGD) S. 0. A. ADINYIRA (MRS) JUSTICE OF THE SUPREME COURT (SGD) ANIN-YEBOAH JUSTICE OF THE SUPREME COURT (SGD) P. BAFFOE-BONNIE JUSTICE OF THE SUPREME COURT (SGD) YAW APPAU JUSTICE OF THE SUPREME COURT SGD) G. PWAMANG JUSTICE OF THE SUPREME COURT