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…
BUADI AND OTHERS
V.
AMOO II
(1982) JELR 65696 (HC)
High Court 9 Mar 1982 Ghana
BriefBot Summary
- The plaintiffs are seeking a declaration that the defendant is not a chief and an injunction to prevent him from acting as the chief of Egyambra. - The defendant argues that the High Court does not have jurisdiction over chieftaincy matte
Case Details
Judges:TWUMASI J.
Counsel:B. K. ESSEL FOR THE PLAINTIFFS; W. A. H. AMARTEIFIO FOR THE DEFENDANT.
Other Citations:[1982-83] GLR 120
There's more. Sign in to continue reading.
judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.