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…

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