REPUBLIC v. JUDICIAL COMMITTEE KOMENDA TRADITIONAL COUNCIL & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- APALOO J.A. (PRESIDING)
- DUOSE J.A.
- AYEBI J.A
Areas of Law
- Certiorari
- Civil Procedure
- Judicial Review
- Appeal Process
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants appealed the High Court's decision to grant an extension of time for the respondents to file a writ of certiorari. The High Court's decision was upheld, and the appeal was dismissed on the grounds that there was no error in granting the extension of time.
AYEBI J.A.
The applicants/respondents (hereinafter referred to as respondents) moved the Cape Coast High Court for an order for enlargement of the time within which to apply to the court for leave to apply for an order of certiorari to quash the judgment of the Judicial Committee of the Komenda Traditional Council. On 19th June 2002, the High Court granted the application. Dissatisfied with the grant, the interested parties/appellants (hereinafter referred to as appellants) appealed to this court to reverse the grant.
The background to the appeal is that on 20th November 1999, the appellants in a petition to the Judicial Committee of the Komenda Traditional Council sought certain reliefs against the respondents. On 2nd April 2001, the Judicial Committee entered judgment in favour of the appellants. The respondents immediately filed an appeal against the judgment to the Central Regional House of Chiefs. From the records, it appeared the appeal was not pursued. On 2nd April 2002, which was about one full year after the judgment was delivered, the respondents filed the motion for extension of time within which to apply for leave for a writ of certiorari, the grant of which is the subject-matter of this appeal.
The sole ground of appeal filed since 28th June 2002 is that:
“the learned judge erred in law when he granted extension of time to the respondents within which to apply for writ of certiorari when there was an appeal pending in respect of the same judgment delivered by the Komenda Traditional Council on 2nd April 2001”.
The record of appeal appeared not very comprehensive or complete because of inaction on the appeal over the years. Thus typewritten certified copies of some of the processes have replaced originals. The result is that although 2nd April 2001 appeared to be the agreed date of the judgment of the Judicial Committee, the Notice of Appeal at page 3g stated 3rd May, 2001 and yet again a copy of the judgment found at page 12 stated 26th April 2001. The source of the 2nd April 2001 date is not on record.
In the sole ground of appeal, it is stated that the judgment was delivered by the Komenda Traditional Council. That is certainly not the law and the practice so far as we know the body which adjudicates on chieftaincy disputes. It is the Judicial Committee of the Komenda Traditional Council which delivered the judgment and not the Traditional Council as a whole.
Those observations aside, the resolution of the complaint in this appeal in