In Justice Jones Dotse’s Valedictory Judgment
According to the fact of the case, a dispute arose following the death of one Rev Emmanuel Dorgbadzi relative to the rightful person to administer his estate
On June 6, 2023, Justice Jones Dotse, now retired, gave his Valedictory Judgment in the case of THE REPUBLIC VS HIGH COURT, TEMA EX PARTE: YAW GODWIN DORGBADZI AND ANOTHER, a prerogative writ.
According to the fact of the case, a dispute arose following the death of one Rev Emmanuel Dorgbadzi relative to the rightful person to administer his estate. A suit was thus filed at the Tema High Court and was presided over by Justice Emmanuel Ankamah then.
Subsequently, a caveat was filed to prevent the proposed administrators from getting permission to administer the asset.
However, the caveat was struck out at the High Court even though the case had not been listed.
Therefore delivering his judgment, Justice Jones Dotse held that the presiding judge failed to give the caveators a hearing per the striking out of the same which amounted to a breach of the rules of natural justice.
According to the court, how the case was determined, clearly pointed out the fact that the presiding judge appeared to be biased against the applicants.
Furthermore, the court was not enthused as to why the presiding judge struck out the caveat since it raised fundamental issues regarding the capacity of the parties who filed the letters of administration.
The Supreme Court thus issued the writs of Certiorari and prohibition to strike out the decision of the High Court and prohibited the presiding judge and the registrar from dealing with the case respectively.
Justice Jones Dotse then referred the presiding judge, currently at the Court of Appeal, Emmanuel Ankamah, and Mr. Agbo, the Registrar of the Tema High Court, Land division, to the Chief Justice for an investigation into how they handled a certain case at the High Court.
Another revelation that came to bear in this judgment was the undervaluation of the properties in the estate listed in the letter of administration.
Specifically, a hospital at Obuasi and a school were valued at GHC60,000 and GHC 35, 000 as well as the deceased's house at Tema also at GHC 30,000 respectively in the letter of administration.
The apex Court, therefore, referred the interested parties in the Certiorari application to the Chief Justice for an investigation into their apparent device to undervalue the estate of the deceased.
Additionally, the lead counsel who filed the application for and on behalf of the interested parties was also cited to give an explanation as to the basis of the above.
The other Justices on the panel were Lovelace-Johnson, Tanko Amadu, Henrietta Mensah Bonsu, and Emmanuel Yonny Kulendi JJSC.
