2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A dispute arose regarding the installation of a rival chief at Dumase Wassa, leading to court cases. The Wassa Fiase Traditional Council failed to settle the matter and returned it to the Circuit Court. The Applicants filed for judicial review six years later to quash the decision but were barred by the statutory six-month limit. The High Court revoked its own grant of extension for judicial review, deeming the application out of time. The Court of Appeal upheld this dismissal. Upon further appeal, the Supreme Court affirmed the decisions of the lower courts, agreeing that the application was time-barred and that there was no substantive decision to quash.
DOTSE JSC:
This is an appeal by the Applicants/Appellants/Appellants, hereafter referred to as the Applicants, against the judgment of the Court of Appeal, dated 16th May2013which was in favour of the Respondents/Respondents/Respondents, hereafter referred to as Respondents.
From the above brief narration, what is certain is that, both the trial High Court and the first appellate court, the Court of Appeal all made findings of fact against the Applicants and ruled against them respectively.
There is no doubt therefore that, on the present state of the decided cases, the Applicants have a difficult task in attempting to set aside two concurrent findings of fact made against them, even though such a task is not insurmountable. See cases such as Obeng v Assemblies of God Church [2010] SCGLR 300, Achoro v Akanfela [1996-97] SCGLR 209just to mention a few.
FACTS OF THE CASE
An attempt by some persons to install a rival chief at Dumase Wassa in the Wassa Fiase Traditional Area, led to the arrest and arraignment of some people before the Circuit Court, Tarkwa on charges relating to breach of the peace.
The 1st Respondent, The Wassa Fiase Traditional Council, applied to the Circuit Court, Tarkwa to have the matter withdrawn and referred to it for settlement. The Court granted the request of the 1st Respondents, but the attempt at settlement was not successful, and as a result, the matter was referred back to the court.
In order to appreciate the clarity of thought and reasoning that explained the referral of the case back to the Circuit Court, it is prudent at this stage to quote the relevant portions of the said decision.
“Due to the recalcitrant attitude of the culprits coupled with the refusal to obey the Omanhene’s call and later instructions by the panel, we order that the case be sent back to court to be determined on it’s merits.”
Despite the clarity of thought exhibited by the above quoted decision of the 1st Respondents in referring the case back to the Circuit Court, Tarkwa for hearing and determination, the Applicants herein filed an application for judicial review in the nature of Certiorari to quash the decision of the arbitration panel set up by the 1st Respondents to go into the case that was withdrawn.
It is also instructive to note that, the decision which the Applicants sought to quash was purported to have been taken by the 1st Respondents on 8th December, 2005. However, it was not until August 2011, that the Applicants applied for