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THE REPUBLIC
V.
THE JUDICIAL COMMITTEE OF KWAHU TRADIOTIONAL COUNCIL-MPRAESO EX PARTE; OPANIN KWAME ADOFO AND OPANIN KWADWO AMPADU

(2018) JELR 67611 (CA)

Court of Appeal 25 Jul 2018 Ghana
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- Applicant/Appellant sought certiorari in the High Court, Koforidua, to quash the judgment of the Judicial Committee of the Kwahu Traditional Council (23 September 2015), alleging errors of law, excess of jurisdiction, and bias. - The appl

Case Details

Suit Number:CIVIL APPEAL NO: H1/05/2018
Judges:K. A. ACQUAYE J.A. (PRESIDING), S. K. GYAN J.A., M. M. AGYEMANG (MRS.) J.A.
Counsel:MR. MOHAMMED MUSAH FOR THE APPLICANT/APPELLANT ,MR. OBENG MANU JNR. FOR THE INTERESTED PARTY

ACQUAYE, J.A.:

On 7th March, 2017, the Applicant/Appellant filed in the High registry of the Court, Koforidua, a motion for an order of certiorari to quash the proceedings and judgment of the Judicial Committee of the Kwahu Traditional Council, Mpraeso which judgment was delivered on 23rd September, 2015 on the ground of error of law, excess of jurisdiction and bias. The grounds upon which the application for certiorari was brought, according to the affidavit in support, were that the Interested Party filed a petition against the applicant/appellant before the Respondent/Respondent trying to set aside a judgment of a tribunal of the paramount chief of Kwahu given on 18th January, 1944 and an accord reached between the parties at an arbitration dated 14th September, 1989. After hearing the petition, the respondent/respondent gave judgment against the applicant/appellant. Aggrieved by the judgment, the applicant/appellant appealed against same to the Judicial Committee of the Eastern Re…

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