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RULING
JONES DOTSE JSC:
This is an application by Nana Diawuo and another, hereafter referred to as the applicants herein, who described themselves as the Omanhene and stool father of the Pai Traditional area, in the Krachi East District of the Volta Region respectively.
By this application, the applicants invoke the supervisory jurisdiction of the Supreme Court for the orders of Certiorari and Prohibition to quash all the proceedings and orders made by the High Court, Ho in respect of Suit No. F. 22/07/2011 intitutled Opanyin Kwadwo Odum and 3 others v The Republic dated 19th October, 2010 presided over by Abada J, and also prohibit the said court and Judge from further hearing any application in respect of the case.
FACTS
The applicants were complainants in the criminal prosecution of the interested persons at the Circuit Court Hohoe in a case intitutled The Republic v Opanin Kwadwo Odum, Constance Osarfo, Benjamin Owusu @ Kwaku Kuru, Beatrice Boame @ Auntie Bea.
At the Circuit Court, the Interested parties herein, therein accused persons were tried and convicted on four counts of:
i. Conspiracy to commit crime contrary to section 23 (1) of Act 29/60
ii. Unlawful damage contrary to section 172 (i) (b) of Act 29/60
iii. Unlawful entry contrary to section 15 (2) of Act 29/60
iv. Stealing contrary to section 124 (1) of Act 29/60
The Circuit Court, Hohoe on the 28th day of September, 2010 sentenced each of the Interested parties to six (6) months imprisonment with hard labour on each of the counts with the sentences to run concurrent.
The complaint of the applicants against the interested parties was that on or by the 7th day of December, 2008 they broke into the stool room of the applicants where the Black stools and other stool regalia of the Omanhene stool of Pai Traditional area were kept and stole same.
The applicants allege that, after the conviction and sentence of the interested parties on the 28th day of September 2010, the interested parties who were incarcerated at the Kpando and Ho prisons respectively, on the 19th October, 2010 successfully applied to the High Court, Ho presided over by Abada J, who granted an application for bail to the interested parties.
It is this grant of bail by the High Court, Ho on 19th October, 2010 which is the crux of the applicants application.
The applicants contend that the High Court, Ho did not have jurisdiction to hear the application for bail pending appeal to the interested parties. This is because, acc