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JUDGMENT
JUDGMENT
i. Introduction/Overview:
[1] This is an application brought under Order 80 Rule 4 (1) and Order 55 Rule 4 (1) of the High Court (Civil Procedure), 2004 (CI 47) for leave to extend time to invoke the supervisory jurisdiction of this court for judicial review in the nature of Certiorari to quash the Ruling of the Judicial Committee of the Ga Traditional Council dated April 20, 2016 on grounds of want of jurisdiction, excess of jurisdiction, illegality and nullity.
[2] By Order 55 Rule 1 of CI 47 an application for:
(a) An order in the nature of Mandamus, Prohibition, Certiorari or Quo Warranto; or
(b) An injunction restraining a person from acting in any public office in which the person is not entitled to act; or
(c) Any other injunction shall be made by way of an application for judicial review to the High Court.
[3] The Supreme Court per Adinyira JSC aptly stated the law that it is a basic principle of common law that Certiorari and Prohibition would be automatically granted to quash a judgment and to prevent a biased judge from hearing a suit upon satisfactory proof of breach of any principles of the rules of natural justice [1].
[4] Based on the affidavit evidence, the questions for my resolution are: has the Applicant made a case sufficient enough to entitle him to the orders he seeks? And as opposed and articulated by the Respondents’ Counsel, has the Applicant come to Court too late in the day for the order he seeks by filing the instant application more than two years after the decision was made? Also, based on the law does this Court have the powers to grant the orders the Applicant seeks? These are the premises on which I shall proceed to consider the present application. It is however, convenient, before outlining the issues raised in this instant application, to chronicle in brief the respective claims of the parties as contained in the depositions of the affidavits filed and the arguments of Counsel.
ii. The Case of the Applicant as Per the Affidavit Evidence:
[5] In a 14-paragraph affidavit supporting the motion paper, sworn to by the Applicant on July 30, 2018 and filed at the registry of this Court on August 2, 2018, it is the case of the Applicant that on the 11th day of June, 2013 the Interested Parties herein filed a Petition against him at the Judicial Committee of the Ga Traditional Council. A copy of the application is attached as Exhibit “A”. According to the Applicant, the Respondent in its ruling date