REPUBLIC v HIGH COURT, KOFORIDUA; EX PARTE OTU [1995-96] 1 GLR 177 - 186

Practice and procedure—High Court—Appellate jurisdiction—Scope of—High Court vested with power under Order 58, r 17 of LN 140A to amend defect or error in record of appeal—Whether in exercise of power High Court can declare proceeding before trial court void and set it aside—Whether High Court's order for case to be tried de novo competent—High Court (Civil Procedure) Rules, 1954 (LN 140A), Order 58, r 17.

State proceedings—Certiorari—Error of law on face of record—Error within jurisdiction—High Court competent to amend defect or error in record of appeal—High Court in exercise of power erring in setting decision of trial court aside and ordering trial de novo—Whether certiorari available to quash decision of High Court—LN 140A, Order 58, r 17.