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IN THE MATTER OF SANDEMA NAB v. AKANBE ASANGALISA & ORS., IN THE MATTER OF INTERPRETATION OF THE JUDGMENT OF THE NATIONAL HOUSE OF CHIEFS DATED 5TH MAY, 1995 AND IN THE MATTER OF THE REPUBLIC v. THE HIGH COURT JUDGE, BOLGATANGA EX-PARTE: AKANBE ASANGALISA AKPAAMA & ANOR.

1999

SUPREME COURT

GHANA

CORAM

  • WIREDU, J.S.C. (PRESIDING)
  • AMPIAH, J.S.C.
  • KPEGAH, J.S.C.
  • ADJABENG, J.S.C.
  • MS. AKUFFO, J.S.C

Areas of Law

  • Civil Procedure
  • Constitutional Law

AI Generated Summary

This case concerns a motion for an Order of Certiorari to quash a High Court ruling. The Supreme Court addressed a preliminary point of law challenging the competency of the motion based on it being filed out of time. The Court examined Rules 62 and 66 of the Supreme Court Rules, 1996 (C.I. 16), which stipulate that applications to invoke the Court's supervisory jurisdiction must be filed within three months of the decision being challenged, unless an extension is granted within that same three-month period. The Court found that the application was filed on 14th November, 1997, more than five months after the original ruling of 6th June, 1997, without any extension being granted. As a result, the Court ruled that the application was incompetent and outside its jurisdiction, and therefore must be struck out. This decision emphasizes the strict adherence to procedural time limits in invoking the Supreme Court's supervisory jurisdiction.