AMUA-SEKYI J.S.C.: Amua-Sekyi J.S.C. delivered the ruling of the court. On 29 October 1991 we heard arguments and reserved our ruling for today. We have, however, decided not to give the ruling this morning but instead, to call upon the applicant to discontinue one or the other of the two proceedings which he is pursuing simultaneously in the courts.
It is unacceptable that this application for an order of certiorari to quash a ruling of the High Court should be pursued alongside a substantive suit in the High Court in respect of the same matter. Here, as well as there, his contention is that the ruling of which he complains is null and void, or otherwise irregular. We think that this is to impose an unnecessary burden on the respondent who may have to defend the judgment twice when a decision by this court or the High Court in the respective suits before them ought to conclude the matter one way or the other.
Order 59, r. 3 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) en…