SOWAH J.A.: This is an appeal from the ruling of the Sekondi High Court in which the court held that certiorari will not lie to quash the finding or decision of the National Liberation Council published in the Local Government Bulletin, No. 16 of 21 April 1967.
The appellants originally instituted an action against the respondents in the Western Nzima Traditional Council claiming, “recovery of the Half Assini Divisional Stool (property known as the Hoba Kyi, Allongoba family stool) which said stool is the bona fide property of the plaintiffs’ family and which said stool the defendants’ family unlawfully retain in their possession to the detriment of the plaintiffs’ family.”
The traditional council, after hearing evidence, decided that the plaintiffs had established their claim and gave judgment for its recovery. Owing to the turn of events in this appeal it is necessary to highlight some of the reasons given by the traditional council in arriving at its decision. In its own words “the …