REPUBLIC
V.
TEKPERBIAWE DIVISIONAL COUNCIL AND ANOTHER; EX PARTE NENE KORLE II

(1972) JELR 69925 (HC)    
High Court  ·  1 Nov 1972 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 199
CORAM
ABBAN J.
Core Terms Beta
act
section
applicant
traditional council
court
courts act
ada traditional council
elders
high court
sections
chieftaincy act
chieftaincy disputes
divisional stool
exclusive jurisdiction
jurisdiction of the high court
tekperbiawe divisional council
common law powers of the high court
destoolment proceedings
excess of jurisdiction
present case
prima facie case
such matters
supervisory jurisdiction
supervisory jurisdiction of the high court
van lare ag
applicant’s contention
area make
civil procedure
clearest language
contention of the learned counsel
council of elders of the tekperbiawe stool
divisional chief
elder of the stool
exercise of its jurisdiction
granville sharp j.a.
judgment granville sharp j.a.
judicial activities of the traditional council
judicial functions
last saving provisions
meeting of the elders
particular form of legislative enactment
preferred destoolment charges
provisions of l.i.
said charges
said council of elders
said meeting
subsequent new enactment
titles of all persons
use of certiorari
writ of certiorari

ABBAN J.: The application before the court is for the writ of certiorari directing the respondents, Tekperbiawe Divisional Council and the Ada Traditional Council to bring up to this court certain proceedings dated 20 April 1971 for the same to be quashed. The applicant further prays for an order prohibiting the two respondents from suspending him or declaring him destooled from his office as a divisional chief.

The events which led to this application are set out in the affidavits filed. The contents of these affidavits show that the applicant had been the recognised divisional chief of Tekperbiawe division of Big Ada, and in November 1970, some members or sections of the said divisional stool led by one Korle Gbettor intending to destool the applicant preferred destoolment charges against him. The charges were lodged with certain elders of the Tekperbiawe divisional stool, and this procedure, on the face of it, purported to comply with the Chieftaincy (Destoolment Proceedings) Regula…

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