REPUBLIC vs. CIRCUIT JUDGE, HO; EX PARTE AGBO

The defendant-applicant (hereinafter referred to as the applicant) has brought this notice of motion under Order 59, r. 4 (1) and (2) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), for an order of certiorari to have the proceedings and the order of the Circuit Court, Ho, dated 30 April 1971 brought up before this court to be quashed on the grounds stated in the affidavit of the applicant and the statutory statements and the order accompanying this application. Leave to issue this notice of motion was granted on 8 July 1971 and not on 21 October 1971 as alleged by counsel for the applicant during his argument. The facts culminating in this application as disclosed in the copy of the statement exhibited in the applicants affidavit as A and in the argument of counsel for the applicant are that at the instance of the plaintiff-respondent (hereinafter referred to as the respondent) and others, proceedings under the Chieftaincy Act, 1961 (Act 81), were commenced at...