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REPUBLIC
V.
VE TRADITIONAL COUNCIL; EX PARTE ATSU

(1968) JELR 82570 (HC)

High Court 16 Sep 1968 Ghana
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Case Details

Judges:KINGSLEY-NYINAH J.
Counsel:I.N.K.Wuaku for the applicant. F.T.C. Amorin for the plaintiff
Location:Ho
Other Citations:[1968] GLR 784 - 791

KINGSLEY - NYINAH J.

This is a cause in which the defendant-applicant (hereafter called the applicant) has sued for an order for certiorari on the following grounds:

(i) Want of jurisdiction;

(ii) Breach of natural justice; and

(iii) Bias of interest.

The order is sought against the Ve Traditional Council described as "Arbitrary Court of Togbe Delume VI of Ve Traditional Area," to quash its proceedings of 3 December 1966, in a matter which involved the applicant for certiorari as defendant, and the respondent herein as plaintiff.

Supporting his application for certiorari, the applicant (now deceased), swore to an affidavit, in paragraph (6) whereof he made the following averment:

"when the council met and proceeded to hear and determine the matter of difference between the plaintiff and myself, the council sat as a traditional council and therefore had no jurisdiction to entertain the matter despite the erroneous description of its deliberations as 'Arbitrary Court of Togbe Delume VI of Ve…

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