(1982) JELR 65696 (HC)    
High Court  ·  9 Mar 1982 ·  Ghana
Other Citations
[1982-83] GLR 120
Core Terms Beta
high court
koloko section
nature of quo warranto
chief of egyambra
functions of a chief
customary law
chieftaincy matter
death of nana fabin amantwi
exhibit b
judgment of the ahanta traditional council
jurisdiction of this court
jurisdiction of traditional councils
office of a chief
public office
quo warranto
section of the majore family
stool family
twumasi j.
ahanta traditional council
basis of historical evidence
egyambra custom
ex parte adu-gyamfi ii
face of these judgments
following passage
foregoing reasons
had interest
hayfron-benjamin j.
head of the defendant
inter alia
majore family
occupancy of the stool
opanyin koloko
opanyin kwesi ebenya
operation of act
particular person
performance of the necessary customary rites
provisional national defence council proclamation
provisions of the chieftaincy act
right thing
said constitution
second defendant witness
stool family of egyambra
traditional courts of the country
turn of the ebenya section

TWUMASI J.: Twumasi J. The claim by the plaintiffs is for: (a) a declaration that the defendant is not a chief, that is to say, he has never been nominated, elected and installed as a chief according to Egyambra custom and usage and (b) an injunction restraining the defendant from posing or acting as the chief of Egyambra. The jurisdiction of this court to entertain this action has been questioned by counsel for the defendant on the ground that it is a chieftaincy matter where jurisdiction is reserved exclusively to the traditional courts of the country. Counsel for the defendant, consciously or unconsciously, argues the complete disregard of the supervisory jurisdiction of the High Court under article 126 of the suspended Constitution, 1979 of the Third Republic of Ghana which jurisdiction has been saved by section 19 of the Provisional National Defence Council Proclamation, 1981. Under article 126 of the said Constitution the High Court has power to issue writs or orders in the natu…

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