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…

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

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