REPUBLIC v. HIGH COURT (FAST TRACK DIV.) ACCRA

OWUSU (MS), JSC.

The Applicant herein is invoking the supervisory jurisdiction of the court under Article 132 of the constitution by way of Judicial review in an application for an order of certiorari to bring up and quash a judgment of His Lordship E. A. Asante delivered on 23rd of May 2013 in Suit No.AHR 101/2012 entitled:

NII AKOSOKU --------------------- PLAINTIFF

VRS

FRANCIS AYIKAI ---------------------- DEFENDANT

The grounds on which the application is premised are the following:

“ (i) The trial Judge committed an error of law apparent on the face of the record by failing to wait for the Supreme Court’s appellate determination of the primary issue of the capacity or locus standi of the Plaintiff, i.e. the interested Party/Respondent herein, before delivering his substantive judgment on 23rd May 2013.

(ii) ALTERNATIVELY the trial Judge had no jurisdiction to proceed to deliver final judgment in Suit No. ARH.101/2012 entitled NII AKOSOKU IV VRS FRANCIS AYIKAI during the pendency in the Supreme Court of the said preliminary issue of capacity or locus standi of the Interested Party.

(iii) The trial Judge had no jurisdiction to make an order adjourning for final judgment the trial before him during the pendency in the Court of Appeal of the motion for a stay of proceedings in Suit No: ARH.101/2012 in his court.

(iv) The trial Judge had no jurisdiction to set aside, as he purported to do, the judgment of the Judicial Committee of the Greater Accra Regional House of Chiefs, Dodowa, dated 17th February 2013, as the instant Suit No. ARH. 101/2012 pending before him did not invoke his supervisory jurisdiction, and he was otherwise acting contrary to section 76 of the Chieftaincy Act, 2008 (Act 759) as well section 57 of the Court’s Act, 1993 (Act. 459).

(v) The trial judge committed a breach of the rules of natural justice as well as of Art. 296 of the Constitution by failing to give the Applicant a proper or any prior hearing notice that he was proceeding to give final judgment in Suit No. AHR.101/2012 pending before him.

(vi) In rendering the judgment dated 23rd May 2013 the Judge ignored the estoppel effects in rem in favour of the Appellant herein or his predecessor in office, the judgment of the Supreme Court, respectively dated 6th December, 2005 and 29th April 2010 and also the Court of Appeal; 19th November 2009 all pleaded by the Applicant’s Statement of Defence, paragraphs 5, 6,7,10 and 14.

(vii) The trial Judge committed a patent or appa