Republic v Court of Appeal, ex parte Bediako IV

AMUA-SEKYI JSC. This is an application for an order of certiorari to quash the decision of the Court of Appeal refusing an order or an proceedings now pending before the Stool Lands Boundaries Settlement Commission under an appeal filed by the applicant against the ruling of the High Court refusing an order for stay of proceedings before the commission and an action before it to the Commissioner has been heard. There is also an application for an order of mandamus to compel the Court of Appeal to hear and determine the application for stay of proceedings on its merits.

It is interesting to observe that although counsel for the applicant made much of the decision of this court in Takyi v Ghassoub (Ghana) Ltd [1987-88] 2 GLR 452, SC in his attempt to show that the Court of Appeal is entitled to go into the merits of the application before it, a careful reading of the opinions expressed in that court shows that it was only Forster JA who relied on the case in coming to a decision. Neither Essiem JA nor Amua A referred to it. Essiem JA dismissed the application on the ground that the order referring the dispute to the Commissioner was rightly made. Amua JA dismissed the application on the ground that the applicant's remedy was to apply to the Commissioner for a stay of proceedings and if this was refused to appeal to the Stool Lands Boundary Appeal Tribunal.

As I see it, Takyi v Ghassoub was irrelevant because the proceedings sought to be stayed were not those of the High Court. There is to be found in the Court of Appeal Rules 1962 (LI 218) no provision similar to Order 59 r 2(4) of the High Court (Civil Procedure) Rules 1954 (LN 104A) under which proceedings before the Commissioner were stayed while the application was before the High Court.

I would refuse the present applications.

BAMFORD-ADDO JSC. The applicant herein is asking for an order of certiorari to remove into the Supreme Court for the purpose of being quashed the ruling of the Court of Appeal dated 7 July 1994, wherein the said court declined jurisdiction to entertain an application for stay of proceedings pending before the Stool Lands Boundary Settlement Commissioner, and for a further order of mandamus commanding the Court of Appeal to hear and determine the said application.

The circuit court at Akyem Oda while hearing certain civil cases realised that the question of the situation of the boundary between Agyemua stool land and Aduasean stool land had obtruded i