REPUBLIC
V.
NEW JUABENG TRADITIONAL COUNCIL EX PARTE NANA SARKODEE I

(1980) JELR 69943 (HC)    
High Court  ·  28 Jan 1980 ·  Ghana
 · 
Other Citations
[1978] GLR 915
CORAM
JIAGGE JA,ARCHER JA,ANNAN J.A.
Core Terms Beta
respondent
traditional council
matter
appellants
council
court
new juabeng traditional council
counsel
evidence
jurisdiction
members of the panel
section
court of appeal
destoolment charges
earlier case
exclusive jurisdiction
high court
real likelihood of bias
action
case
charge
chieftaincy act
chieftaincy matters
collusion
customary law
earlier proceedings
evidence of bias
evidence of collusion
ex
exercise of their judicial functions
ground
ground of a real likelihood of bias
illegal act
jiagge j.a.
likelihood of considerable bias
main ground of appeal
member of the judicial committee
members of the council
members of the judicial committee of the said council
only members of the judicial committee
order of destoolment
panel members
paramount chief
preferred destoolment charges
provisions of the law
statute
summons
supplementary affidavit
trial court
writ of prohibition

JIAGGE J.A.: The appellants in this case preferred destoolment charges against the respondent in the New Juabeng Traditional Council. The respondent, while the action was pending against him, applied to the High Court for leave to issue a writ of prohibition against the New Juabeng Traditional Council on the ground that the appellants were not competent to prefer destoolment charges against him. The ex parte motion for leave was granted and notices together with all the relevant papers were served on the parties concerned.

The respondent later filed a supplementary affidavit which was summed-up by the trial court in the judgment as follows:

“(1) That he had been summoned by the New Juabeng Traditional Council to defend a charge that he had disclosed to a newspaper that charges were to be preferred against its ‘chairman,’ i.e. the omanhene.

(2) That he had been declared destooled by that council, as he failed to appear before the council.

(3) That the order of destoolment had later been …

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