Customer Support

REPUBLIC V NATIONAL HOUSE OF CHIEFS, EX PARTE KRUKOKO II (INTERESTED PARTY; OSAGYEFO KWAMENA ENIMIL VI)

(2009) JELR 92109 (SC)

Supreme Court 2 Dec 2009 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court held that preconditions for the grant of mandamus include a demand to perform a public duty and a refusal or failure to comply; time limitations for mandamus applications run from the date of refusal, not the date of the

Case Details

Suit Number:CIVIL APPEAL J4/18/2009
Judges:DR. DATE BAH, J.S.C (PRESIDING) OWUSU (MS), J.S.C DOTSE, J.S.C ANIN YEBOAH, J.S.C BAFFOE-BONNIE, J.S.C
Counsel:ADUMUA BOSSMAN FOR THE APPELLANT SIR DENNIS AGYEI FOR THE RESPONDENT E. K. AMOAH-SEKYI FOR THE INTERESTED PARTY
Other Citations:(2009) JELR 68190 (SC)

JUDGMENT

DR. DATE-BAH JSC

What is before this Court is an appeal from proceedings that were initiated by an ex parte motion for leave to apply for an order of mandamus which was heard at the High Court, Kumasi. The motion was filed on 6th September 2004 and it sought liberty to apply for an order of mandamus requiring the respondent, namely the National House of Chiefs:

“(1) to delete from the National Register of Chiefs the name and particulars of Osagyefo Kwamena Enimil VI as Omanhene of the Wassa Fiase Traditional Area, And

(2) to re-instate in the said Register the name and particulars of the Applicant as the Paramount Chief of the Wassa Fiase Traditional Area,

And for such further or other order as to this Hon. Court may appear just or proper.”

The applicant claims to be the Omanhene of the Wassa Fiase Traditional Area in the Western Region. He deposed to an affidavit in support of his motion in which he affirmed that he was enstooled the Omanhene of that traditional area in June 1994 …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.