REPUBLIC v. WASSA FIASE TRADITIONAL COUNCIL & ANOTHER

This case revolves around an appeal against a High Court judgment from Tarkwa dated April 16, 2012. The High Court had denied a certiorari request to abolish an arbitration panel's decision established by the first respondent in a dispute involving chieftaincy over the Dumasi Wassa stool. Initially, the appellants (including the 2nd appellant who was installed as the Chief of Dumasi Wassa) sought judicial review on grounds that the arbitration was improperly constituted, it overstepped its statutory boundaries, and made decisions beyond its authority. The High Court dismissed the application, citing statute limitations and the absence of a formal decision warranting review. On appeal, the appellants reiterated their grounds and added others, including a claim about the excessive cost awarded against them. After hearing arguments, the Court of Appeal upheld the High Court's dismissal, affirming that the application was void and statute-barred, and no decision by the arbitration panel was amenable to certiorari. Several important legal principles were examined, including the discretionary nature of certiorari, the six-month deadline for judicial review applications, and the inherent jurisdiction of courts to set aside void orders without time constraints.