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THE REPUBLIC
V.
THE HIGH COURT (GENERAL JURISDICTION), ACCRA EX-PARTE: NII AGYEMANKESE III (APPLICANT) AND NII DODOO NSAKI II & 4 OTHERS

(2019) JELR 65946 (SC)

Supreme Court 6 Feb 2019 Ghana
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- Supreme Court held that the High Court lacked jurisdiction to entertain matters concerning the nomination, selection, and installation of chiefs, as these are “causes or matters affecting chieftaincy” per section 57 of the Courts Act, 199

Case Details

Suit Number:CIVIL MOTION NO. J5/11/2019
Judges:AKOTO-BAMFO (MRS) JSC (PRESIDING), BENIN JSC, APPAU JSC, MARFUL-SAU JSC, KOTEY JSC
Counsel:KWEKU PAINTSIL FOR THE APPLICANT FOR THE APPLICANT WITH HIM AUGUSTUS BREW KWABENA MENSAH YAO ANNOR,GEORGE HEWARD MILLS FOR THE 1ST INTERESTED PARTY WITH HIM SELASIE DELALI WOANYAH; BRIGHT AKWETEY FOR THE 2ND AND 3RD INTERESTED PARTIES,NANA OBIRI BOAHENE FOR THE 5TH INTERESTED PARTY

APPAU, JSC

On 13th November 2018, the applicant herein Nii Agyemankese III, filed a motion on notice to invoke the supervisory jurisdiction of this Court in the nature of Certiorari and Prohibition; (i) to remove into this Court for the purpose of it being quashed the Order of the High Court, Accra Coram, Justice Nicholas Abodakpi dated 2nd November 2018 and (ii) a further order to prohibit the 1st interested party Nii Dodoo Nsaki II from inducting the 3rd interested party into office as Ga Mantse. The Order of Justice Nicholas Abodakpi which is the subject of the quashing order being sought by the applicant was directed to the 1st interested party to purge himself of his contempt of court for non-compliance with an earlier Order of Mandamus issued by Justice Gifty Dekyem dated 17th January 2017. Justice Gifty Dekyem’s Order in question was directed to the 1st interested party to induct the 3rd interested party Nii Tackie Adama Latse II into office as the Ga Mantse.

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