REPUBLIC vs. HIGH COURT JUDGE, BOLGATANGA; EX PARTE ASANGALISA AND OTHERS

JUDGMENT OF AKUFFO JSC Akuffo JSC delivered the ruling of the court. This is a motion by the applicant praying for an order of certiorari to quash the ruling delivered on 6 June 1997 by the judge of the High Court, Bolgatanga in originating summons No 1/1996. In his statement of case in opposition to the application herein, counsel for the interested party has raised a preliminary point of law challenging the competency of the motion. The basis for the preliminary point is simple, though fundamental, and it is that the application is out of time and, there- fore, not in compliance with rule 62 of the Supreme Court Rules, 1996 (CI 16). Consequently, it is necessary for us to deal first with this preliminary point of law, since, in the event it is valid, there will be no need for us to embark upon the merits of the application itself. According to the said statement of case, the application is out of time because, although the decision sought to be quashed was delivered on 6 June 1...