REPUBLIC
V.
EXECUTIVE CHAIRMAN, KUMASI CITY COUNCIL; EX PARTE GYIMAH AND OTHERS

(1980) JELR 63566 (HC)    
High Court  ·  5 May 1980 ·  Ghana
 · 
Other Citations
[1980] GLR 466
CORAM
JONES-MENSAH J.
Core Terms Beta
applicants
court
application
april
case
writ of quo warranto
nana akwasi agyeman
chairman of the kumasi city council
president
supreme court
appointment of the respondent
councillors of the kumasi city council
enactment
president of the republic
alternative remedies
applicants base
befitting courtesy mr. hayfron-benjamin
commendable brevity
court’s discretion
court’s judgment
elected members
executive chairman
exercise of powers
full turn circle of many matters
honourable councillors of the kumasi city council
jones-mensah j.
light of the foregoing
local councils
local government
mr. hayfron-benjamin
new local administration act
offending nana akwasi agyeman
office of executive chairman
omission of any person
order of injunction
overriding power of appointment of the executive chairman
overriding powers
perimeter of the applicants
person
respondent’s term
said constitution
section 8a of the local administration act
section 8a of the local government act
spirit of the provisions of article
such power rests
term of office of the respondent
terms of section
transitional provisions of the constitution
virtue of the decision of the high court
virtue of the judgment of the high court

JONES-MENSAH J.: This is an application filed by fourteen Honourable Councillors of the Kumasi City Council for leave to issue a writ of quo warranto directed against Nana Akwasi Agyeman, to show by what authority he is presuming to exercise office of the Executive Chairman of the Kumasi City Council and exercising the functions thereof. The grounds on which the application is founded are:

1. That by virtue of the judgment of the High Court, Kumasi, dated 14 April 1980, in Gyimah v. Agyeman [1981] G.L.R. 427 the right resides in the Councillors of the Kumasi City Council to elect or appoint one of their number the Chairman of the Kumasi City Council. The respondent not having been so appointed, the appointment is void.

2. That by virtue of the decision of the High Court dated 14 April 1980, the term of office of the respondent has expired on 18 January 1980, the respondent’s term of office could not in terms of section 7 (2) of the transitional provisions of the Constitution, 1979, be r…

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