Interprete Order 43 Rule 9 of C.I.47 purposively- CJ tells counsel

The Chief Justice, Her Ladyship Gertrude Araba Torkonoo has tasked lawyers to adopt the purposive approach when interpreting statutory provisions like the Order 43 Rule 9 of the High Court (Civil Procedure) Rules, 2004.

She noted that the opposite is problematic.

The Chief Justice sounded this caution on Wednesday, June 21, 2023, when she presided over a Judicial Review case titled; THE REPUBLIC v HIGH COURT, TEMA EX PARTE: MANKRALO TETTEH OTIBU IV & ORS.

The said provision of the law states; 

Rule 9—Execution by or against Person not being a Party 

(1) Any person, not being a party to the cause or matter, who obtains any order or in whose favor any order is made, is entitled to enforce obedience to the order by the same process as if the person were a party. 

(2) Any person, not being a party to the cause or matter against whom obedience to any judgment or order may be enforced, is liable to the same process for enforcing obedience to the judgment or order as if the person were a party.

In that case, the applicants sought a writ of Certiorari against a decision of the Tema High Court.

Counsel, Robert Pappoe averred that after the respondents had gotten judgment at the High Court, they filed a suit at the Tema High Court presided over by Justice Emmanuel Ankamah, now at the Court of Appeal.

They noted, however, that the ex-parte suit filed for the order for execution, had a title and suit number different from the original case.

Moreover, counsel noted that the motion by the defendants was filed by fresh parties different from those in the original case but the Tema High Court granted the same notwithstanding.

Taking his turn, counsel for the respondent, Mr Osafo Buabeng explained that the change in the suit number was occasioned by a mishap at the Registry.

But on the matter of fresh parties for the suit, counsel referred the court to Order 43 Rule 9 of C.I.47 but the panel disagreed and thus took turns to interrogate him on its ramification for litigation.

Therefore, after the interrogation, the Chief Justice entreated the lawyer and, by extension, all lawyers to adopt the purposive approach when interpreting such provisions.

The panel, presided over by the Chief Justice thus granted the writ of Certiorari thereby quashing the said ruling of the Tema High Court.

Other members of the panel were Prof Kotey, Justice Baffoe Bonnie, Justice Mensa-Bonsu, and Justice Mariama Owusu.