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THE REPUBLIC
V.
JUDICIAL COMMITTEE OF THE BAWKU TRADITIONAL COUNCIL BAWKU EXPARTE KOMBAT ALHASSAN NYAGIR, NDEGO PIAWIN. NDEBILLA LAMBON ALHASSAN NAGBONG LAAR (INTERESTED PARTY)

(2022) JELR 112184 (CA)

Court of Appeal 24 Jun 2022 Ghana
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- The applicant sought an extension of time to apply for judicial review (certiorari) to quash a Bawku Traditional Council decision declaring the Tont Clan allodial owners of Denugu lands, relying on Order 80 rule 4(1) and (2) of C.I. 47. -

Case Details

Suit Number:CIVIL APPEAL: H1/10/2021
Judges:V. D. OFOE, JA SOPHIA ROSETTA BERNASKO ESSAH, J.A. JANAPARE BARTELS-KODWO, J.A.
Counsel:Mohammed Alhassan Esq. for Appellants Dr. Bedima Duut Esq. for Interested Party/Respondent
Location:Tamale

JUDGMENT

S. R. BERNASKO ESSAH (MRS.), J.A.

This is an appeal by the Applicant/Appellant against the ruling of the High Court, dated 2nd March 2021, which was in favour of the interested party.

By way of brief antecedent, the applicants filed a motion on notice for extension of time to apply for Judicial Review in the nature of certiorari in respect of a decision of the Bawku traditional council. He brought the application under Order 80 rule 4(1) and (2) of CI47. 2004. 

The portion of the decision he sought to be impugned was an alleged declaration that the Tont Clan members were the aboriginal inhabitants of Denugu and therefore allodial owners of Denugu lands.

On the return date, for the hearing of the motion, Counsel for the interested party raised a preliminary objection to the competence of the motion submitting that the period of six months within which an application for Judicial review, having lapsed, the court had no jurisdiction to extend time for the Applicant to apply for judic…

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