[2011]DLSC2646 • June 22, 2011 • Supreme Court •
THE REPUBLIC vs. THE COURT OF APPEAL EX PARTE; GHANA CHARTERED INSTITUTE OF BANKERS
The applicant, Ghana Chartered Institute of Bankers, appealed a High Court judgment delivered against it. After filing a Notice of Appeal and paying requisite fees, the appellant encountered procedural difficulties related to the certification and service of the record of proceedings. The Court of Appeal struck out the appeal based solely on the Registrar's Certificate alleging non-compliance with Rule 201 of the Court of Appeal Rules CI 19, without hearing the appellant's counsel who were present in court. The appellant contended this violated the audi alteram partem rule and sought certiorari from the Supreme Court to quash the Court of Appeal's order.
read moreDR. DATE-BAH JSC: The core of the complaint in this application is that when the applicant’s appeal came up for hearing before the Court of Appeal, the court, relying exclusively on the Registrar’s Certificate that the applicant/appellant had not complied with the requirement of Rule 20(1) of the Court of Appeal Rules (CI 19), struck out its appeal, without giving any opportunity for representations to be made on its behalf by its counsel who were present in court. It claims, therefore, that the audi alteram partem rule has been breached. It has accordingly applied to this court for an order of certiorari to quash the order of the Court of Appeal dated 1st November, 2010 striking out the applicant’s appeal. I would like to begin my analysis of the law governing this main issue in this application by referring to the words of one of the Ghanaian judges whom I admire the most, namely Justice A.N.E. Amissah. Amissah JA, sitting in the High Court in 1968, expressed a clear v...