Ratio Decidendi


(1968) JELR 81007 (CA)    
Court of Appeal  ·  4 Mar 1968 ·  Ghana
Other Citations
[1968] GLR 412 - 463

Ratio Decidendi

Core Terms Beta
state council
native customary law
native authority
paramount chief’s tribunal
divisional chief’s tribunal
paramount chief
high court
judicial functions
learned judge
ordinance no.
blackhall committee
divisional chiefs
highest authority
judicial powers
shama state council
constitutional nature
headman of the fishing community of aboasi
highest native authority
constitution of the first republic of ghana
court of the appeal commissioner
decision of djabanor j.
decision of the appeal commissioner
decision of the shama state council
excess of jurisdiction
exercise of certain powers
exercise of his rights
former function of the paramount chief
given period
government agent
judgment of the shama state council
judicial power of the state
jurisdiction of the high court
jurisdiction of the said state council
last judicial link
native customary law form
order of certiorari
provisions of the native administration
questions of law
records of the respective tribunals
said suit
settlement of such dispute
shama state
special tribunal
state council of shama
state council ordinance
state councils ordinance
subject-matter of his appeal
subject-matter of the claim
true interpretation of this limb section
virtue of the authority


This is an appeal against a decision of Djabanor J. refusing an application for an order of certiorari to remove into the High Court for the purpose of quashing the proceedings and judgment of the Shama State Council dated 19 April 1958 and 3 May 1958, and also the decision of the Appeal Commissioner dated 3 March 1961.

This case has had a very chequered history in our courts, and the facts of the events which culminated into this appeal may be briefly stated: The appellant and the respondent are both members of the fishing community of Aboasi (also referred to as Aboadzie), a village in the Shama State in the Western Region of Ghana. In 1958 a dispute arose between the parties as to the headship of this fishing community, and as to the right to collect tolls from the fishermen who constituted that community. The appellant commenced an action in the High Court, Sekondi, for the determination of the dispute, but the respondent raised an objection to the jurisdiction of the H…

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