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THE REPUBLIC V. JUDICIAL COMMITTEE OF THE BAWKU TRADITIONAL COUNCIL BAWKU EXPARTE KOMBAT ALHASSAN NYAGIR, NDEGO PIAWIN. NDEBILLA LAMBON ALHASSAN NAGBONG LAAR (INTERESTED PARTY)

(2022) JELR 112184 (CA)

Court of Appeal  •  CIVIL APPEAL: H1/10/2021  •  24 Jun 2022  •  Ghana

Coram
V. D. OFOE, JA SOPHIA ROSETTA BERNASKO ESSAH, J.A. JANAPARE BARTELS-KODWO, J.A.

Appearances
Mohammed Alhassan Esq. for Appellants Dr. Bedima Duut Esq. for Interested Party/Respondent

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><em>S. R. BERNASKO ESSAH (MRS.), J.A.</em></strong></p><p style="text-align: justify">This is an appeal by the Applicant/Appellant against the ruling of the High Court, dated 2nd March 2021, which was in favour of the interested party.</p><p style="text-align: justify">By way of brief antecedent, the applicants filed a motion on notice for extension of time to apply for Judicial Review in the nature of certiorari in respect of a decision of the Bawku traditional council. He brought the application under Order 80 rule 4(1) and (2) of CI47. 2004. </p><p style="text-align: justify">The portion of the decision he sought to be impugned was an alleged declaration that the Tont Clan members were the aboriginal inhabitants of Denugu and therefore allodial owners of Denugu lands.</p><p style="text-align: justify">On the return date, for the hearing of the motion, Counsel for the interested party raised a preliminary objection to the competence of the motion submitting that the period of six months within which an application for Judicial review, having lapsed, the court had no jurisdiction to extend time for the Applicant to apply for judic…</p>

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