[1961]DLHC5383 • May 29, 1961 • High Court
EKU ALIAS CONDUA III vs. ACQUAAH
The plaintiff/applicant, Eku alias Condua III, sought enlargement of time and leave to apply for certiorari to quash the proceedings and judgment of the Shama State Council and the decision of the Appeal Commissioner in a dispute over the rightful headship and authority to collect fishing tolls in the Aboasi fishing community. The plaintiff's initial High Court action was struck out for lack of jurisdiction, compelling him to pursue the matter before the Shama State Council, which dismissed his claim. He appealed to the Appeal Commissioner, who also dismissed the appeal. The plaintiff then applied for certiorari to quash these decisions, alleging jurisdictional defects.
read moreThis is an application by way of motion in which the plaintiff applicant applies for enlargement of time in which to apply for an order of certiorari and for leave to apply for an order of certiorari to quash: (a) the proceedings and judgment of the Shama State Council dated the 19th April, 1958, and the 13th May, 1958 in a suit intituled “Kwesi Eku alias Chief Condua III Plaintiff versus Kojo Acquaah Defendant,” and (b) The decision of the Appeal Commissioner dated the 3rd of March, 1961 and/or for any further or other orders as to the Court may seem just. The relevant grounds canvassed in support of the application for extension of time as contained in the affidavit of the applicant are as follows: “(5) That I brought an action in the High Court at Sekondi for the determination of the dispute aforesaid, but my action was struck out by Mr. Justice Acolatse on the ground that the matter was one for the Shama State Council to determine, and that therefore the High Court had ...