THE REPUBLIC vs. DISTRICT MAGISTRATE NAVRONGO EX-PARTE TUNLI KANGAR AND ANOTHER

MARIAMA OWUSU, J.A. This is an Appeal against the decision of the High Court, Bolgatanga, dated 18-5-09. in the said decision, the Judge ruled as follows; “Clearly, an application for an Order of certiorari is not a pleading. That being so, time will run during the vacations where an application for certiorari is concerned. That is to say, the application is brought out of time. No extension of time was sought by the Applicant to bring the application out of time. The present application should not see the light of day. It is accordingly refused”. Dissatisfied with the decision of the High Court, the Applicant/Appellant appealed to the Court of Appeal. The Grounds of Appeal are as follows; [1] The Judge erred in law by holding that, the period of the legal vacation is not to be excluded in the computation of the time within which an application for certiorari ought to be brought. [2] Additional Grounds to be filed upon receipt of the record of Appeal. The...