THE REPUBLIC VS THE CIRCUIT COURT, TAMALE & ANOTHER (H1/8/2017) [2021] GHACA 15 (25 June 2021)

THE REPUBLIC VS THE CIRCUIT COURT, TAMALE & ANOTHER (H1/8/2017) [2021] GHACA 15 (25 June 2021)

Once the High Court (Commercial Division) affirmed the Circuit Court judgment and enhanced the sentence, the Circuit Court judgment was no longer available to be quashed by certiorari from another High Court. The certiorari proceedings were therefore a nullity, and the appellate judgment prevails.

Citation
[2021] GHACA 15
Parties
Respondent/appellant: The Republic; Applicant/respondent: The Circuit Court, Tamale; Interested Party: Abdulai Sirta; Applicant/respondent: Ex-Parte Ayaaba (Patrick Ayaba)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
25 June 2021
Case Number
H1/8/2017
Procedural Posture
Civil Appeal (arising From Criminal Conviction and Judicial Review) / Appeal From High Court Ruling on Certiorari
Outcome
Appeal allowed; certiorari proceedings set aside; appellate judgment sustained.
Legal Topics
Certiorari, Jurisdiction of High Court, Stealing, Minerals and Mining Act, Res Judicata
Source Language
English
Criminal Law Judicial Review Appellate Procedure Certiorari Jurisdiction of High Court Stealing Minerals and Mining Act Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Respondent/appellant

The Circuit Court, Tamale

Applicant/respondent

Abdulai Sirta

Interested Party

Ex-Parte Ayaaba (Patrick Ayaba)

Applicant/respondent

Procedural Posture

Civil Appeal (arising From Criminal Conviction and Judicial Review) / Appeal From High Court Ruling on Certiorari

Legal Issues

  1. 1 Whether a High Court can issue certiorari to quash a Circuit Court judgment already affirmed by another High Court on appeal
  2. 2 Whether the High Court had jurisdiction to order a refund of a fine already enhanced by the appellate High Court
  3. 3 Whether the certiorari application was properly granted in light of the appeal outcome

Ratio Decidendi

Once the High Court (Commercial Division) affirmed the Circuit Court judgment and enhanced the sentence, the Circuit Court judgment was no longer available to be quashed by certiorari from another High Court. The certiorari proceedings were therefore a nullity, and the appellate judgment prevails.

Court Disposition

Appeal allowed; certiorari proceedings set aside; appellate judgment sustained.

Orders

  • The ruling of the High Court 2 granting certiorari is set aside.
  • The judgment of the Circuit Court, Tamale convicting the Respondent of stealing, as affirmed by the High Court (Commercial Division), is restored.