JUDGEMENT
DR. DATE-BAH JSC
The core of the complaint in this application is that when the applicant’s appeal came up for hearing before the Court of Appeal, the court, relying exclusively on the Registrar’s Certificate that the applicant/appellant had not complied with the requirement of Rule 20(1) of the Court of Appeal Rules (CI 19), struck out its appeal, without giving any opportunity for representations to be made on its behalf by its counsel who were present in court. It claims, therefore, that the audi alteram partem rule has been breached. It has accordingly applied to this court for an order of certiorari to quash the order of the Court of Appeal dated 1st November, 2010 striking out the applicant’s appeal.
I would like to begin my analysis of the law governing this main issue in this application by referring to the words of one of the Ghanaian judges whom I admire the most, namely Justice A.N.E. Amissah. Amissah JA, sitting in the High Court in 1968, expressed a clear view to t…