Circular on Summons to Show Cause

CIRCULAR ON SUMMONS TO SHOW CAUSE

Her Ladyship the Chief Justice has observed that some Magistrates and Judges are unaware of the changes in the law regarding execution, by the process of summons to show cause.

In as much as Her Ladyship does not interfere in any pending cases, save through legitimate petitions from parties which the Courts Act 1993 Act 459 permits, it is the wish of Her Ladyship that Magistrates and Judges must observe the law to the letter.

It must be pointed out that the Supreme Court in the Case of THE REPUBLIC V. HIGH COURT (FAST TRACK DIVISION), ACCRA, EX PARTE P.P.E. LTD and PAUL JURK (UNIQUE TRUST FINANCIAL SERVICES LTD) INTERESTED PARTY (2007 - 2008) SCGLR 188 has clearly determined that no person ought to be imprisoned for non-payment of judgment debt.

Under Article 129 (3) of the 1992 Constitution, all Courts in Ghana are bound to follow this decision. It is therefore contrary to the constitution for Judges and Magistrates to ignore a binding decision of the Supreme Court and resort to causing the imprisonment of Judgment/debtors on regular basis.

It is hoped that Judges and Magistrates will treat this circular with all the seriousness it deserves as it touches on the fundamental human rights enshrined in the 1992 Constitution.

SIGNED

JUSTICE ALEX B. POKU-ACHEAMPONG

JUDICIAL SECRETARY

DATED THIS 20TH DAY OF MAY 2009