REPUBLIC
V.
THE ADA TRADITIONALCOUNCIL AND SAMUEL ATTEH AGGUDEY EX-PARTE: PATRICK AGUDEY TEYE

(2017) JELR 65413 (HC)    
High Court  ·  SUIT NO. HR/0062/2016 ·  26 Jan 2017 ·  Ghana
CORAM
ANTHONY K. YEBOAH JUSTICE OF THE HIGH COURT
Core Terms Beta
ada traditional council
2nd respondent
arbitral award
council
1st applicant
applicants
judicial committee
high court
interested parties
judicial committee of the ada traditional council
judicial review
law
matter
1st respondent
ada mankralo position
affidavit of nene angmertey kplivi
chief linguist of the ada traditional council
court of appeal
customary arbitration
decision of the high court
jurisdiction
substantive mankralo of the ada traditional area
1st applicant’s application
2nd respondent’s petition
ada traditional area
administrative body
arbitral decision
binding judgment of the court of appeal
chieftaincy act
contemptuous disregard of the arbitral award
court of appeal decision
fait accompli
following words
herladyship justice
high court judge
judicial body
judicial committee lacks jurisdiction
judicial review application
legal basis
legal justification
legal submissions of both legal counsels of the parties
mankralo of the ada traditional area
mankralo position
order
order of certiorari
orders
parties
performance of a public duty
prayers of the applicants
public gathering

JUDGMENT

The parties to this dispute, except the 1st Respondent (the Ada Traditional Council), locked horns in a customary arbitration that resulted in the arbitral award made by the panel on 29th March 2012. The arbitral award is to the effect that the ascension to the Ada Mankralo position in the Ada Traditional Area is rotational with the Numoda and Aggudey Kuntu gates being eligible to produce candidates for the Mankralo position. Additionally, it was decided at the arbitration that the Numoda gate would be the first to produce a candidate for the Ada Mankralo position. Accordingly, the 1st Applicant was so “elected, installed and presented to the Korgbor Clan as Mankralo.”

Dissatisfied with the arbitral award, the 2nd Respondent and others petitioned the Ada Traditional Council to have the arbitral award set aside. The 1st Applicant also sought to have the 2nd Respondent’s petition set aside. Having failed to have the petition at the Judicial Committee of the Ada Traditional Counci…

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