Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

STATE v. KPANDU LOCAL COURT MAGISTRATE; EX PARTE KONKONG

May 15, 1967

HIGH COURT

GHANA

CORAM

  • KINGSLEY-NYINAH J

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

Togbe Konkong, Divisional Chief of Ve Gbodome, sued Akukuma Getse and Tega Getse, later joined by E. S. Azah and L. Kekeku, in the Kpandu Local Court for title, possession, and damages regarding the Bisawuo‑Vehoe land. After a letter from Paramount Chief Togbuiga Delume VI, both sides sought leave to settle out of court; the magistrate granted the request and erroneously recorded that the case was settled and removed from the list. The parties then submitted to the Ve Traditional Area arbitral board, which issued an award around 9 August 1966. The co‑respondents returned to the local court on 16 September 1966 and successfully moved to set aside the award. Seeking to quash that order, the applicant applied for certiorari in the High Court. Kingsley‑Nyinah J held that the case had never been properly struck off, the local magistrate retained jurisdiction, and the proceedings were regular on their face; therefore certiorari would not lie. The application was dismissed with costs, and the local court record was ordered corrected.

JUDGMENT