REPUBLIC
V.
JUDICIAL COMMITTEE, AKIM ABUAKWA TRADITIONAL COUNCIL, EX PARTE MANU AND OTHERS

(1992) JELR 69881 (CA)    
Court of Appeal  ·  3 Jun 1992 ·  Ghana
CORAM
AMUAH, KPEGAH, LUTTERODT JJA
Core Terms Beta
ruling of the high court
chief of kwae
rules of natural justice
judicial committee
learned trial judge
appellants’ favour
akyem abuakwa traditional council
koforidua high court
humble view
trial court
mere fact
3rd interested-party-respondent
jurisdiction of the court
due process of law
predecessor s
following year
errors of law
orders of the second judicial committee
breaches of natural justice
publication of the gazette
twin prerogative remedies of certiorari
appellants
serious issue
gazette notice
determination of a chieftaincy cause
judicial committee of the council
little wonder
parte tiwaa
favour of the appellants
actual fact
breach of a rule of natural justice
government recognition
respondents’ counsel
relevant section
inferior tribunal
important matters
law
exercise of its supervisory jurisdiction
ex parte kusi-apea
definition of a chief
high court
sub-section
legal validity
predecessors deals
jurisdiction
publication of the local government bulletin
validity of his status
statutory statement
large part of the trial judge
such chief

LUTTERODT JA. This is an appeal against the ruling of the High Court, Koforidua delivered on 4 December 1989. On 9 January 1983 the chief of Kwae died and the following year, to be precise on 5 September 1984, Opanyin Brobbey Aboagye, the 3rd interested-party-respondent was installed as his successor.

The appellants herein, being highly aggrieved by his enstoolment instituted proceedings before the Akyem Abuakwa Traditional Council for a declaration that the installation was null and void.

Accordingly, the council appointed a three-member panel, all of whom were chiefs, to hear and determine the complaint. That judicial committee, as constituted, heard evidence from both sides and on 2 October 1984 delivered a judgment which went in the appellants’ favour.

However, some months later, i.e. on 3 June 1985, the appellants received a letter from the Akyem Abuakwa Traditional Council. Attached to it was a judgment, which was supposed to have been read on 31 May 1985 by a judicial committee of…

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