REPUBLIC
V.
GA TRADITIONAL COUNCIL AND ANOTHER; EX PARTE DAMANLEY

(1979) JELR 63567 (HC)    
High Court  ·  26 Sep 1979 ·  Ghana
 · 
Other Citations
[1978] GLR 609
CORAM
MENSA BOISON J.
Core Terms Beta
applicant
ga mantse
ad3b
regional commissioner
high court
mr. amoako-glover
sempe stool
above matter
arbitration committee
chief lebbo baako
exhibit ad5
second respondent
supreme court
absence of jurisdiction rests
better support
case of armory v
chief alhaji adamu damanley
chieftaincy act
civil procedure
commissioner’s request
committee of the ga traditional council
contention of the applicant
council’s letter
council’s response
court of appeal
decision of the ga traditional council
earnest hope
exhibit ad3b.
exhibit lb3
exhibits ad2
ex parte nene buernortey puplampu
ex parte zerek
fact proceedings
foregoing premise
form of writ
ga state linguist
greater accra
hearing of the dispute
judge of the high court
leave ex parte
legal sense
main ground of want of jurisdiction
mensa boison j.
ostensible affidavit of the applicant
president nii amugi ii
recognised chief of sabon zongo
services of the ga traditional council
submission of mr. quansah
various affidavits

MENSA BOISON J.: The applicant, chief Alhaji Adamu Damanley, by counsel moves for an order of certiorari to quash certain proceedings and decision of the Ga Traditional Council. The said proceedings and decision dated finally on 3 August 1978, are exhibited in these proceedings, and marked AD5. In substance the decision adjudges and recommends that the second respondent, chief Lebbo Baako, be the recognised chief of Sabon Zongo, as opposed to the applicant. Exhibit AD5 is in fact proceedings before what has been described as an arbitration committee.

The facts upon which the application is founded are contained in the statement supporting the application, and not in the ostensible affidavit of the applicant. This departure from the practice as laid under Order 59, r. 2 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), has been aggressively attacked. Those objections, being a pivot of the respondent’s reply, I shall consider later. For the present the facts, may be briefl…

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