NDASUAH AND OTHERS
V.
ADAZIE AND OTHERS

(1960) JELR 63811 (HC)    
High Court  ·  22 Jan 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 12
[1960] GLR 12 - 14
CORAM
SMITH J.
Core Terms Beta
state council
jurisdiction
opinion
complaint
matter
state councils ordinance
decision of the state council
inherent power
matters
persons
such matters
welfare of the state
applicants
application of customary native law
asafu captain
basis
body
chief
circumstances
claim of any person
claims
committee of claims
conflict
consequential order
constitutional nature
coronation ceremony
counsel
court of first instance
decision of the municipal court
defendants
dennison
dismissal of asafo captains
dismissed asafo captains
english analogy
head of a family
judgment
motion
mr. blay
order of prohibition
penalties
point
present case
proper matter
question
reasoning
section
state council power
subsection
validity of the election of the head

JUDGMENT

SMITH J.

(His lordship referred to the facts and continued).

Jurisdiction is claimed for the State Council on the basis that the matter is of a “constitutional nature” as defined in section 2 of the State Councils Ordinance, No. 8 of 1952. In my opinion, however, an Asafu Captain is not a “ chief “—a prerequisite before a State Council can hear destoolment charges. It was also argued that the State Council had the right to entertain the matter by virtue of section 2 (c) of the State Councils Ordinance. That subsection merely confers on the State Council power to decide on the claim of any person to take part in the ceremony of the installation or destoolment of a chief. An English analogy would be the Committee of Claims which sits to determine claims made by persons to take part in the Coronation ceremony. I agree with counsel for applicants that the State Council had no jurisdiction in the matter under the State Councils Ordinance.

There is, however, the point (unassailable, in…

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