THE REPUBLIC
V.
THE JUDICIAL COMMITTEE, BATTOR TRADITIONAL COUNCIL EX-PARTE: JOHN KWAME MENEY BORBORDZI AND ZIKPUITOR CHARLES HABADA

JUDGMENT

DR. ERNEST OWUSU-DAPAA JA:

1. INTRODUCTION

1. My Lords, this appeal challenges the ruling of the High Court, Ho, delivered on 31st July 2024, by which the learned judge upheld a preliminary legal objection and dismissed an application for judicial review brought pursuant to Order 55 of C.I. 47.

2. The Applicants/Appellants had sought orders of certiorari, prohibition, injunction, and a declaration to quash proceedings pending before the Judicial Committee of the Battor Traditional Council in Suit No. BTA 1/2018. The High Court declined jurisdiction on the ground that the application was brought outside the six-month period prescribed by Order 55 Rule 3 of C.I. 47.

3. The appeal turns principally on the interaction between statutory time limits for judicial review and the doctrine that time does not run in cases of nullity, particularly in light of the Supreme Court’s decision in REPUBLIC VRS THE HIGH COURT, SEKONDI  EX PARTE: NANA BRAFO DADZIE II EBUSUAPANYIN S. K. OBENG SHAMA TRADITIO…