REPUBLIC v. JUDICIAL COMMITTEE KOMENDA TRADITIONAL COUNCIL & OTHERS

This Court of Appeal judgment, authored by Ayebi J.A., reviews a challenge to the Cape Coast High Court’s order extending time by seven days to permit respondents to apply for leave to seek certiorari against a decision of the Judicial Committee of the Komenda Traditional Council. After the Committee found for the appellants in April 2001, the respondents lodged but did not prosecute an appeal to the Central Regional House of Chiefs. One year later, they sought an enlargement of time, citing lack of representation and inability to swiftly obtain the judgment, and asserting the Committee lacked jurisdiction. The appellants argued that the six‑month limit in Order 59 rule 3 barred the extension and that an appeal was pending. Interpreting Order 59 and the general “Time” provisions in Order 64 of L.N. 140 A, and distinguishing Supreme Court supervisory‑jurisdiction rules, the Court held the High Court could enlarge time after expiry. It further concluded that appeal and certiorari are not mutually exclusive and that a pending appeal did not bar the extension. The appeal was dismissed, with Apaloo J.A. and Duose J.A. concurring.