[1963]DLSC12192 • July 5, 1963 • Supreme Court •
STATE vs. ASANTEHENE'S DIVISIONAL COURT B1; EX PARTE KUSADA
The appellant, son of Mallam Sallow, challenged a 1950 judgment of the Asantehene's Divisional Court B1 which was obtained without personal service on his father, who was abroad in Nigeria at the time. The suit concerned possession of a house in Kumasi. The appellant contended that the judgment was null and void as his father was not properly served and that the agent who appeared lacked authority. The local magistrate later enforced the judgment, prompting the appellant to seek certiorari to quash the proceedings and enforcement order.
read moreJUDGMENT OF KORSAH C.J [His lordship stated the facts as contained in the headnote and continued:] The procedure regulating an application for the writ of certiorari is provided by the Supreme [High] Court (Civil Procedure) Rules, [1954],1 Order 59, r. 3 thus: "Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, conviction or other proceeding for the purpose of its being quashed, unless the application for leave is made not later than six months after the date of the proceeding or such shorter period as may be prescribed by any enactment; and where the proceeding is subject to appeal and a time is limited by law for the bringing of the appeal, the Court or Judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired." Under special circumstances, the court or a judge may enlarge the time limited for making the application under Order 64, r. 6 of the above-mentioned rules. The said Orders 5...