Justice Kenneth Edem Kudjordjie, presiding over the Tamale High Court, has instructed the Regional Administrative Officer of the Judicial Service to refer the conduct of Registrar Mohammed Musah to the Chief Justice for investigation. According to Justice Kudjordjie, the Registrar’s behavior lacks the integrity expected of his position.
This decision was reached in the case of Abubakari Iddi vrs Zakariah Alhassan and three others, which involved an attempt to recover an outstanding debt through the possession and potential sale of a house.
Previously, another judge had granted one of the parties the right to initiate court proceedings to possess a house located in Zamigu Tamale.
However, the court was subsequently asked to set aside this order because there was a pending request to halt the court processes.
A key aspect in resolving the dispute was determining whether there was indeed a pending court process at the time the initial order was issued. Both sides presented documents from the registry of the High Court to support their claims.
One document indicated the existence of a pending case, while the other document stated that there was no pending case and that the only outstanding case had been struck out by the court.
The Registrar was called upon by the court to clarify the matter. He informed the court that the document denying the existence of pending court processes did not originate from his office because it lacked his signature. Regarding the other document, he confirmed that it bore his stamp and signature, indicating that it came from his office. He also stated that he was the authorized person responsible for issuing such documents and had not delegated this duty to anyone.
During the court proceedings, the Registrar admitted that the unsigned document was in his handwriting, but one letter had been altered. He stated, “Yes, it is my handwriting, but if you look at question 3, the way I write the letter ‘Y’ has been altered.”
Consequently, the court had to determine the authenticity of the disputed documents. It examined the official court records that recorded the proceedings of the case and discovered that, strangely, the unsigned and unstamped document was a true reflection of the situation.
“The Registrar’s attempt to downplay exhibit D is regrettable and can be seen as an effort to justify his false answers on exhibit C. In pursuit of his dishonorable objective, he intentionally did not sign and affix his stamp on exhibit D, but the truth, like cork, always floats in water. His attempt to label Exhibit C as authentic backfired,” stated the judge.
The judge further concluded that the court had been misled and highlighted the Registrar’s conduct as reprehensible for impugning the integrity of the search conducted by Alhaji Mohammed Abdullai Esq.
As a result, the judge directed that the Chief Justice be requested to investigate the matter.
Source – myjoyonline.com
