What began as a demolition of 1 Joseph Kweku Aggrey’s property with a Excessive Courtroom order on a parcel of land at Otano within the Larger Accra Area has ended up on the Supreme Courtroom for dedication.
The order resulting in the demolition was granted by the Adenta Excessive Courtroom presided over by Justice Fred Kwasi Awuah, following an ex-parte utility.
The ex-parte utility, which had Joyce B.B. Boakye, because the defendant, was filed by Tredstone Empire Restricted in 2021.
Nevertheless, throughout the demolition, the corporate confronted resistance from the property proprietor, Mr Aggrey. In a certiorari filed on the apex courtroom, the applicant (Nana Antwi Bosiako) is urging the courtroom to quash the Excessive Courtroom choice.
Causes
Based on the applicant, whose property was immediately adjoining to the affected space, because the ex-parte movement was filed in 2021 and Joyce B.B Boakye died on November 4, 2010, there was no method the Excessive Courtroom might have made an order in a matter which had the deceased because the defendant.
“That on the face of the judgment, the judgment was obtained in default of look towards the stated Joyce B.B Boakye.
“That I’m knowledgeable by my Counsel and verily consider identical to be {that a} Writ of Summons issued towards a useless individual is a nullity and all proceedings pursuant to identical can also be a nullity,” he acknowledged, including that the Excessive Courtroom in Adenta didn’t have the jurisdiction to proceed with the matter towards a useless individual.
“That I’m knowledgeable by my Counsel and verily consider identical to be true that any judgment given by a courtroom towards somebody useless on the time of the issuance of the Writ is a nullity as having been given exterior the jurisdiction of the courtroom,” Nana Antwi Bosiako stated in his assertion of declare attaching the loss of life certificates of Joyce B.B Boakye to agency up his case on the Supreme Courtroom.
In a associated improvement, Mr Aggrey, who has had army males demolish his property on three totally different events has additionally petitioned the East Legon Police, notifying them of a restraining order barring Tredstone Empire Restricted from recovering the land.
The Supreme Courtroom is anticipated to listen to the certiorari when it resumes from the authorized trip in October this yr.