REPUBLIC
V.
WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE NANA KPANI ACKAH III

(1973) JELR 69913 (HC)    
High Court  ·  11 Apr 1973 ·  Ghana
 · 
Other Citations
[1973] 2 GLR 107
CORAM
EDUSEI J.
Core Terms Beta
case
error of law
traditional council
western nzima traditional council
mr. blay
judgment
appeal
chieftaincy act
court of appeal
decision of an inferior tribunal
decision of the western nzima traditional council
exercise of its jurisdiction
ex parte shaw
judicial committee of the traditional council
northumberland compensation appeal tribunal
paramount chief
superior court
way of appeal
application nana kpani ackah iii
decision of the high court
district court
electricity commissioners
exclusive jurisdiction
ground of its lack of jurisdiction
high court
high court judge
important point
inferior court
interested party
jebeile brothers
jurisdiction of the traditional council
legal authority
lord chief justice
members of the western nzima traditional council
mr. essiem
nana kpani ackah iii of nuba
nat bell liquors ltd.
only competent tribunal
order of certiorari
particular case
part of part v of the act states
part v of this act
present case
provisions of this act
recent years
relevant law
said council
supervisory powers of the high court
whole body of the council
whole body of the council members

EDUSEI J.: The applicant herein, Nana Kpani Ackah III of Nuba, was sued before the Western Nzima Traditional Council and the said council after hearing evidence declared him destooled after the Oman of Nuba had agreed to “pay him off” with ¢200.00 which he accepted.

By his application Nana Kpani Ackah III is seeking an order of certiorari to quash the decision of the Western Nzima Traditional Council on the ground of its lack of jurisdiction to hear and determine the matter. Mr. Essiem, counsel for the applicant, has contended that the only competent tribunal that could have inquired into the destoolment charges against the chief was the judicial committee of the Western Nzima Traditional Council and not the whole body of the council.

It is necessary to refer at this stage to the relevant law on the jurisdiction of the traditional council. First, section 15 (1) of the Chieftaincy Act, 1971 (Act 370), reads:

“15. (1) Subject to the provisions of this Act and to any appeal therefrom, a Tra…

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