Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
ASOGLI TRADITIONAL COUNCIL AND OTHERS; EX PARTE TOGBE AMORNI V II

(1991) JELR 69901 (HC)    
High Court  ·  31 Jul 1991 ·  Ghana
 · 
Other Citations
[1992] 2 GLR 347
CORAM
ACQUAH J.

Ratio Decidendi

Core Terms Beta
application
appeal
applicant
order
extension of time
inherent jurisdiction
jurisdiction
high court
national house of chiefs
supreme court
void
court of appeal
order of certiorari
time limit
l.n. 140a
mosi’s case
affected party
breach of the rules of natural justice
courts of record
judgment of the asogli traditional council
mr. adumua-bossman
mr. adumua bossman’s submission
native court
said judgments
such void judgments
unreasonable delay
void decision
acquah j.
behalf of the applicant
civil procedure
earlier application
exercise of such inherent jurisdiction
ex parte nii amar ii
favour of any court
following words
inferior tribunals
lordship abban j.s.c
merits of the instant application
orders of courts of record
provisions of the said order
respect of an act of state
scope of the power of a court
second respondent
set aside
set aside service
such application
such applications
superior court of record
void decision of the high court
writ of certiorari

ACQUAH J.

This is an application for an extension of time to apply for leave for the writ of certiorari to quash the judgment of the Asogli Traditional Council dated 11 July 1969 and the appellate judgment of the Volta Regional House of Chiefs dated 29 January 1986 in respect of suit No. 2/1968 entitled Ametsitsi v. Kuma alias Togbe Amorni VII.

On 27 May 1991 I dismissed an earlier application by the same applicant for leave to apply for certiorari to quash the said judgments on the grounds that since the judgments sought to be quashed were delivered over six months ago, Order 59, r.3 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) forbids such applications unless the applicant obtains extension of time to initiate such application. That application was argued by Mr Dogoe on behalf of the applicant’s solicitor, Mr. Adumua-Bossman, who appeared personally on 27 May 1991 to take the ruling.

After the ruling had been read, Mr. Adumua-Bossman indicated that the reason for their …

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