REPUBLIC V. HIGH COURT, KUMASI; EX PARTE KHOURY

ADADE J.S.C.

This application is as interesting as it is peculiar. In substance the plaintiff-applicant is asking this court, in an application for certiorari, to bring up and quash a notice of appeal filed by the defendant-respondent. The said appeal is to the Court of Appeal, from a ruling of the High Court. The notice of appeal (good or bad) is now pending in the Court of Appeal, and the applicant says that we should order this notice to be brought up and quashed. In his own words, the applicant wants:

“ ... an order declaring and setting aside as null and void the purported notice of appeal to the Court of Appeal filed by A. O. Lawson [the defendant] on 12 September 1990 in the registry of the High Court, Kumasi in the case entitled Khoury v. Lawson (Misc 96/90).”

I find this a very peculiar application.

Giving the grounds for his application, the plaintiff says that the ruling sought to be appealed against was given on 28 August 1990; that it being interlocutory, the defendant had fo…