Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1972) JELR 69919 (HC)    
High Court  ·  21 Dec 1972 ·  Ghana
Other Citations
[1972] 1 GLR 273

Ratio Decidendi

Core Terms Beta
committee of inquiry
paramount chiefs
customary law
high court
chieftaincy act
electricity commissioners
inferior tribunal
chief of ho
first issue
inferior court
respondent committee
subject matter
such cases
supreme court
terms of reference
affidavit evidence
aspect of supervisory jurisdiction
behalf of the applicant
breach of the committee
committee’s terms
course of the inquiry
ex parte lain
final legal effect
following language
high court’s supervisory control
judicial body
learned author
legitimate person
members of the volta regional house of chiefs
own jurisdiction of supervision
paramount stool of ho traditional area
prerogative order of prohibition
prerogative writ
qualification of membership of the volta regional house
reductio ad absurdum of this argument
respondent togbe constantine howusu xii
rights of individuals
rights of subjects
said committee
said purpose
state councils
stool lands boundaries settlement ordinance
such paramount chiefs
supervisory discipline of prohibition
togbe afede asor
true meaning of the first term of reference
various issues
volta region chieftaincy committee


In these proceedings, counsel moves on behalf of the applicant, Togbe Afede Asor, for the prerogative order of prohibition “to stop the Volta Region Chieftaincy Committee inquiring into whether the paramount stool of Ho Traditional Area belongs to or should be occupied by a citizen of either Dome or Bankoe.” The circumstances which gave rise to this application are as follows: A committee of inquiry was appointed to inquire into and submit recommendations to the government on the qualification of membership of the Volta Regional House of Chiefs. Six terms of reference were set out in the instrument establishing the said committee.

It appears that during the course of the inquiry, questions relating to the applicant in respect of his capacity as a chief of Ho, and in some cases challenging his status, were raised. Objections have consequently been taken to the evidence so received as breach of the committee’s jurisdictional powers.

In dealing with this matter, I am adopting a…

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