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REPUBLIC v. HIGH COURT, ACCRA; EX PARTE PUPLAMPU I

November 28, 1991

SUPREME COURT

GHANA

CORAM

  • FRANCOIS
  • WUAKU
  • AMUA-SEKYI
  • AIKINS
  • EDWARD WIREDU JJ.S.C

Areas of Law

  • Administrative Law
  • Civil Procedure

AI Generated Summary

In the Supreme Court of Ghana, Wuaku JSC delivered the lead judgment on an application by Nene Buernortey Puplampu I, divisional chief of the Adibiawe Division in the Ada Traditional Area, seeking certiorari to quash a High Court ruling by Lutterodt J dated 27 July 1990 in Republic v. Judicial Tribunal of the National House of Chiefs and Jonathan Kabu Dorkutso (also known as Nene Abram Kabu Akuaku III), or alternatively, an extension of time to apply for certiorari. The dispute derived from chieftaincy proceedings at the Eastern Regional House of Chiefs, an adverse interlocutory injunction, an appeal to the National House of Chiefs, and a subsequent High Court certiorari quashing the substantive judgment. Emphasizing the six‑month time bar under Order 59 rule 3 of the High Court Rules, the discretionary nature of certiorari, and that interlocutory orders merge into final judgments, the court found the application out of time, noted that Justice Lutterodt acted within jurisdiction, and concluded that any error should be addressed by appeal, not certiorari. All Justices concurred and the application was dismissed.

JUDGEMENT