THE REPUBLIC V. THE HIGH COURT, KOFORIDUA EX-PARTE: KOFI YEBOAH AFFUM, INTERESTED PARTIES; OSEADEEYO FRIMPONG MANSO IV AND ANOTHER

RULING

ATUGUBA, J.S.C:

I have had the advantage of reading the encyclopaedic ruling of my masterly brother Dr. Date-Bah JSC. As I find myself, with all the respect, unable to agree with everything in his formidable and fulsome judgment I proceed to state my opinion briefly.

As the facts have been fully set out by him I would only refer to them where necessary.

The Accrual of the Applicant’s right to apply for Mandamus

0.55 r. 3, as far as relevant to this case, provides as follows:

“3. Time for making application

(1) An application for judicial review shall be made not later than six months from the date of the occurrence of the event giving grounds for making the application.”

What then in this case would constitute “the date of the occurrence of the event giving grounds” for making the application for mandamus? The operative date for the application would be the date on which the Registrar of the Eastern Regional House of Chiefs refused to transmit to the National House of Chiefs the chieft…