REPUBLIC
V.
WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE MFRAMA AND OTHERS

(1983) JELR 69918 (HC)

High Court · 7 Feb 1983 · Ghana
·

Other Citations

[1982-83] GLR 1102

CORAM

ANSAH-TWUM J.

Core Terms ^Beta

matter

applicants

western nzima traditional council

case

council

order

order of prohibition

section

counsel

exclusive jurisdiction

third respondent

chieftaincy dispute

full bench of the court of appeal

inferior court

judicial committee of the traditional council

likelihood of bias

members of the traditional council

real bias

respondents

actual bias

appointed members of the judicial committee

c.a. counsel

chieftaincy matters

members of the committee

members of the judicial committee

open hostility

rival of the third applicant

sub-chiefs

traditional council area

virtue of section

applicants’ affidavit

electricity commissioners

entire western nzima traditional council

exercise of the jurisdiction

ex parte sarkodee

first respondents

judge of an inferior court

jurisdiction of the council

machinery of the administration of the council

nana ahumatupi

new juaben traditional council

original decision

part of the judicial committee of the council

proper case

provisions of the chieftaincy act

registrar of the said council

registrar of the western nzima traditional council

registry of the council

successive appeals

whole of the western nzima traditional council

ANSAH-TWUM J.: This is an application for an order prohibiting the respondents from hearing and determining the suit entitled:

(1) Asamoah Ebbah

(2) John Mokye v. Aduku Mframra and Others Paragraphs 4 and 5 of the applicants’ affidavit in support read as follows:

“4. That the case travelled on successive appeals to the full bench of the Court of Appeal under the title aforementioned in paragraph 1 of this affidavit.”

“5. that the full bench of the Court of Appeal delivered its judgment as follows:

‘I am of the opinion that this is a proper case to remit to the appropriate tribunal to be heard de novo. In the result I shall allow the appeal and send the case back to the Western Nzima Traditional Council or its successor to be heard de novo’.”

The applicants who appear to have brought this application mainly against the first respondents, the Western Nzima Traditional Council, have stated as follows in paragraph 9 of the affidavit in support:

“9. That it has become clear to the applicants tha…

REPUBLIC V. WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE MFRAMA AND OTHERS

REPUBLIC
V.
WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE MFRAMA AND OTHERS