KWAGYANE I vs. AGYEI AND ANOTHER

BROBBEY JA. On Thursday, the 5th of November 1992, we dismissed an appeal against the judgment of Moses Abakah J sitting in the Koforidua High Court. Counsel for the appellant then applied for leave to appeal to the Supreme Court. In the argument, counsel grounded his application on the following points: “1) that the judgment raised a number of legal issues such as the exercise of the supervisory jurisdiction of the High Court over inferior courts and the extension of prerogative writs. (2) whether or not Afua Fofie could be said to have been a judge in her own cause or could have been said to have acted improperly by her failure to disclose her interest when every one sitting on the case or appearing before the panel knew what her interest was.” In practice the rationale for requiring leave of this court before proceeding to the Supreme Court is said to be this: when this court affirms a decision of a lower court appealed against, at least three of four judges (quite often of...