REPUBLIC vs. HIGH COURT, ACCRA; EXPARTE TETTEH APAIN

ATUGUBA JSC delivered the ruling of the court. The applicant applies to this court for certiorari to quash the rulings of the High Court, Accra, presided over by Appau J dated 14 February and 16 June 2003. The grounds for the application are that: "(a) the ruling of 14 February 2003 [contains] an error apparent on the face of the record. It was an error for the trial judge to have held that a stranger to a suit can enter the suit by a mere motion, contrary to the Court of Appeal directive in the famous case of Lamptey v Hammond [1987-88] 1 GLR 327; and (b) the trial judge exceeded his jurisdiction when he proceeded to hear and give a ruling on 16 June 2003 when an application for stay of proceedings was pending before the Court of Appeal and when notice of motion for prohibition was pending before the Supreme Court." It has been held from the earliest times that prerogativ'e orders, as they 74 Supreme Court of Ghana Law Reports [2007-2008] SCGLR are called in modern times, are not ...