[2012]DLCA8121 • October 25, 2012 • Court of Appeal
THE REPUBLIC vs. THE STANDING COMMITTEEE OF NKUSUKUM TRADITIONAL COUNCIL (RESPONDENT/RESPONDENT) EX PARTE: NANA EBIYATAKYI III, ASAFO KYEAME KOJO OTABIL, MR. ACQUAH AND OPANYIN BOAFO (APPLICANTS/APPELLANTS) INTERESTED PARTY: NANA KWESI BREBO
MARFUL-SAU, JA: - This appeal is taken from the judgment of the High Court, Cape Coast dated the 15th May 2008. The trial court in the said judgment refused to grant the appellants application for Certiorari to quash two decisions of the Standing Committee of the Nkusukum Traditional Council. The decisions sought to be quashed were:- 1. The dissolution of the Assets and Management Committee of Kuntu and 2. The dissolution of the No. 5 Asafo Company of Kuntu. The appellants aggrieved by the decision of the trial court filed this appeal with eight grounds and prayed that the decision of the trial court be reversed. Now, upon a carefully study of the record of appeal in this case, I observed that the trial proceeded on a procedural flaw which renders the entire trial a nullity. Accordingly, after addressing the fundamental flaw in this judgment, no useful purpose would be served in discussing the grounds of appeal formulated by the appellant. What is this procedural flaw revealed by t...