[2009]DLCA8937February 2, 2009Court of Appeal

THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS EX PARTE; ODENEHO AKROFA AKRUKOKO II OSAGYEFO KWAMENA ENIMIL VI

APALOO JA; This is an appeal against the ruling of K. Ansu-Gyeabour J. sitting at the High Court Kumasi on 18th February 2008. The Appellant filed six (6) grounds of appeal and we reproduce them here; “(1) The trial High Court Judge erred in law when it departed from the judgment of the court of Appeal in the Republic Vrs National House of Chiefs Ex Parte; Fabil (1984 – 86) 2GLR 731 PARTICULARS OF ERROR 1. The trial Court held that mandamus application filed after 6 months without extension of time can be cured by Order 70 of LN 140A when the Court of Appeal in a similar case had held that it is void. 2. The High Court erred in law by holding a void order cannot be set aside by an application. 3. The ruling of the High court was given in complete disregard of judgments delivered by the Court of Appeal and the Supreme Court which are binding on the High Court. 4. The ruling cannot be supported by the evidence on record. Grounds...