NII ADJEI BOAHEN II NII KPOBI TETTEY TSURU IIIAND 3 OTHERS

(2019) JELR 63775 (HC)    
High Court  ·  SUIT NO: GJ 323/2017 ·  6 Feb 2019 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
matter
chieftaincy
chief
court
counsel
2nd defendants
high court
writ of summons
affairs of the la traditional council
honourable court
interlocutory injunction
statement of claim
central regional house of chiefs
instant action
learned counsel
court’s act
judicial committee
member of the la traditional council
rights of the plaintiff
ex parte bediako ii
mantse of the nmati abonase quarter of la
members of the la traditional council
mere fact
supreme court case
want of jurisdiction
1st plaintiff
affected member
arguments of both learned counsel
attorney general
background of application
case of the applicants
chief of the nmati abonasze quarter
complete violation of the applicable rules
completion of the chieftaincy declaration forms
counsel’s opinion
depositions of the defendants
filed written submission
following paragraphs
further states
heads of the clan houses
heads of various families
high courts
inherent jurisdiction of this court
judicial reliefs
perpetual injunction
register of the national house of chiefs
registrar of the la traditional council
subject matter of the suit
writings of the learned author

i. Introduction:

[1] It recalls that on the 3rd day of March, 2017 the Plaintiff commenced this instant action by issuing a writ of summons against the Defendants herein for certain judicial reliefs.

The Writ of Summons together with the Statement of Claim was later amended on 26th July, 2017. The reliefs endorsed on the Writ of Summons are as follows:

i. A Declaration that the Defendants have no lawful authority to leave out or ignore the Plaintiff in the induction and swearing in of some members of the La Traditional Council as by law established or from participation in its affairs.

ii. A Declaration that by leaving out and ignoring the Plaintiff in the induction and/or participation in the affairs of the La Traditional Council of which he is a member, the Defendants are violating the rights of the Plaintiff.

iii. Perpetual injunction restraining the Defendants, members of the La Traditional Council, their agents, servants and privies from interfering with or violating the rights of the…

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