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REPUBLIC
V.
HIGH COURT REGISTRAR, KUMASI AND ANOTHER; EX PARTE YIADOM I

(1986) JELR 66472 (SC)

Supreme Court 24 Mar 1986 Ghana
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- The Supreme Court dismissed the application for certiorari, holding that the office of a chief is not a public office to which the remedy of quo warranto applies under Ghanaian law; chieftaincy is constitutionally protected but not a crea

Case Details

Judges:APALOO C.J.,SOWAH JSC,ADADE JSC,TAYLOR J.S.C,FRANCOIS J.A.
Counsel:TSATSU TSIKATA FOR THE APPLICANT; MILLS-ROBERTSON (FOR POBEE) FOR THE SECOND RESPONDENT.

ADADE J.S.C.

As we understand the case for the applicant, there are two parts to this application, plus a possible third.

The first part is a convoluted, indirect and concealed application for certiorari under article 119 of the Constitution, 1979 asking this court “for an order quashing the ruling of Quashie-Sam J. of 18 October 1979, upon an application in the nature of quo warranto brought by the applicant herein against the second respondent herein.”

The second part of the application, also purporting to be made under the same article 119 of the Constitution, 1979, shored up by article 118 of the same Constitution, asks the court to give directions to the High Court with respect to the High Court’s jurisdiction in chieftaincy matters. We have put “chieftaincy matters” ‘in italics because out of this term arises the possible third request. For if this court should accede to the second application and proceed to give the required directions, and if the court should pronounce that the H…

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