SHERIFF NII OTO DODOO v. THE JUDICIAL COMMITTEE & OTHERS
2021
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE J. A. (PRESIDING)
- G. SIMON SUURBAAREH J. A.
- JENNIFER A. DODOO (MRS) J. A
Areas of Law
- Administrative Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Jennifer A. Dodoo JA authored a ruling of the Court of Appeal dismissing Sheriff Nii Oto Dodoo’s appeal from the High Court’s refusal to extend time for judicial review. Dodoo, Mantse of Mayera Okaiman, sought to quash a 20 April 2016 ruling of the Ga Traditional Council’s Judicial Committee that restrained him and appointed the 1st Interested Party as Regent. He argued that a panel member, Numo Ogbarmey III, was not registered in the National Register of Chiefs, rendering the proceedings a nullity, and urged enlargement under Order 80 rule 4(1). The High Court held Order 55 rule 3’s six-month time bar is mandatory. Relying on the Supreme Court’s Wassa Fiase decision interpreting “shall” imperatively and permitting extensions only in special circumstances—typically absence of notice—the Court of Appeal found Dodoo had notice and even appealed the ruling, then delayed two years. It affirmed the High Court’s lack of jurisdiction to extend time and dismissed the appeal.
RULING
DODOO, JA (MRS)
It is provided for in Order 55 rules 3(1) and (2) of the High Court (Civil Procedure) Rules, 2004 (CI 47) as follows:
3. (1) An application for judicial review shall be made not later than six months from the date of the occurrence of the event giving grounds, for making the application.
(2) Where an order of certiorari is sought in respect of any judgment, order, conviction or other proceeding, the date of the occurrence of the event giving grounds for the making of the application shall be taken to be the date of that judgment, order, conviction or proceeding.
The Applicant filed an application for Extension of time and for Judicial Review under Order 80 Rule 4(1) and Order 55 rule 4(1) of CI 47 at the High Court. In an affidavit in support of his application, the Applicant deposed as follows:
I, SHERIFF NII OTO DODOO of H/No. 131 New Gbawe, Accra make oath and say as follows:
That I am the Deponent herein,
That I am Mantse of Mayera Okaiman.
That on the 11th day of June, 2013 the Interested Parties herein filed a Petition against me among others at the Judicial Committee of the Ga Traditional Council (Respondent). See exhibit “A”
That the Respondent in its Ruling on the 20th day of April, 2016 restrained me from holding myself as the Mantse of Mayera Okaiman and appointed the 1st Interested Party as the Regent or acting Mantse of Mayera Okaiman pending the determination of the Petition at the Respondent’s. See exhibit “B”
That I appealed against the Ruling of the Respondent at the Judicial Committee of the Greater Accra Regional House of Chiefs. See Exhibit “C”
That after the appeal to the Judicial Committee of the Greater Accra Regional House of Chiefs, I engaged the services of a different lawyer who advised me to conduct a search at the National House of Chiefs, Kumasi to ascertain whether all the panel members of the Judicial Committee who sat on the case have their names registered as chiefs in the register of the National House of Chiefs as chiefs.
That in a letter dated the 18th day of May, 2018 at the instance of our family, my lawyer applied to the National House of Chiefs for a search on the panel members that sat on the case to ascertain if all of them have their names registered in the register of National House of Chiefs as chiefs.
That the search was answered on the 12th day of July, 2018 by the Registrar of the National House of Chiefs which revealed that two (2) of the members of the panel that sat o