REPUBLIC v. WASSA FIASE TRADITIONAL COUNCIL & ANOTHER

The Ghana Court of Appeal, presided over by Justice C. J. Honyenuga with Justices Dennis Adjei and B. F. Ackah Yensu concurring, dismissed an appeal challenging the High Court at Tarkwas refusal to grant certiorari against actions of the Wassa Fiase Traditional Council. The dispute arose after the 2nd appellant was installed as Chief of Dumasi Wassa in October 2005, prompting a rival installation, police arrests, and criminal proceedings at the Circuit Court, Tarkwa. The Traditional Council sought an out-of-court settlement and convened a panel that recorded views on Dumasis stool, royal house, appointment authority, and lands, but ultimately ordered that the case be sent back to court for determination. The High Court vacated an earlier leave to apply for certiorari and dismissed the application as statute-barred, awarding costs to the respondents. On appeal, the Court of Appeal held that Order 55 rule 3 of C.I. 47 imposes a six-month limit for judicial review without extension and that the High Court properly exercised inherent jurisdiction (Mosi v Bagyina) to set aside a void leave order. Finding no decision amenable to certiorari in Exhibit NK1A, the court affirmed the High Courts judgment and costs.