2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Acquaye J.A. with Gyan J.A. and Agyeman J.A. concurring, dismissed an appeal from the High Court, Koforidua, which had rejected a certiorari application as out of time under Order 55 rule 3 of C.I. 47. The Applicant/Appellant sought to quash the Judicial Committee of the Kwahu Traditional Councils 23 September 2015 judgment, alleging error of law, excess of jurisdiction, and bias, including complaints about substituted cross-examination by Solomon Kwasi Gyamera for Colonel Osei Owusu (Retired) and questioning by the committee. The Interested Party countered that traditional history and hearsay are admissible before traditional councils and that clarification by the committee was proper. The High Court enforced the six-month limitation, and the appellate court affirmed, holding that the alleged irregularities did not constitute a jurisdictional nullity. The appeal failed and costs of Gh ₵5,000 were awarded.
JUDGMENT
ACQUAYE, J.A.:
On 7th March, 2017, the Applicant/Appellant filed in the High registry of the Court, Koforidua, a motion for an order of certiorari to quash the proceedings and judgment of the Judicial Committee of the Kwahu Traditional Council, Mpraeso which judgment was delivered on 23rd September, 2015 on the ground of error of law, excess of jurisdiction and bias. The grounds upon which the application for certiorari was brought, according to the affidavit in support, were that the Interested Party filed a petition against the applicant/appellant before the Respondent/Respondent trying to set aside a judgment of a tribunal of the paramount chief of Kwahu given on 18th January, 1944 and an accord reached between the parties at an arbitration dated 14th September, 1989. After hearing the petition, the respondent/respondent gave judgment against the applicant/appellant. Aggrieved by the judgment, the applicant/appellant appealed against same to the Judicial Committee of the Eastern Regional House of Chiefs. After the record of proceedings had been typed, the applicant/appellant’s lawyer discovered or found out that the whole proceedings before the Kwahu Traditional Council was flawed with serious errors of law that go to the jurisdiction of the respondent/respondent. The applicant/appellants therefore filed an application for certiorari before the High Court, Koforidua. The applicant’s complaint was that one Colonel Osei Owusu (Retired) who testified for the respondents in the earlier petition fell ill in the course of his evidence and gave a power of attorney to one Solomon Kwasi Gyamera who came to be cross-examined on the evidence already given by Colonel Osei Owusu (Retired). The applicant/appellant complained that that procedure was flawed and the judgment based on the legally inadmissible evidence was in excess of the judicial committee’s jurisdiction. The applicant/appellant also complained that the Judicial Committee needlessly took upon itself to cross-examine the petitioner spanning several pages which affected their impartial role leading to the committee becoming biased against the petitioners/appellants.
In his affidavit in opposition, the Interested Party denied that there was any error of law on the face of the record of proceedings and even if there was, it did not affect the jurisdiction of the Council. The Interested Party swore that the evidence that Colonel Osei Owusu (Retired) led was traditional history and therefore his s