Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
THE HIGH COURT, SEKONDI, EX PARTE: NANA BRAFO DADZIE II

(2021) JELR 109039 (SC)    
Supreme Court  ·  J5/35/2021 ·  26 May 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, PROF. MENSA-BONSU (MRS.) JSC, KULENDI JSC

Ratio Decidendi

Core Terms Beta
applicant
high court
parties
judgment
application
court
4th interested parties
1st interested party
ebusuapanyin kwamina ackon
judicial committee
respondent high court
shama traditional council
3rd defendants
4th july
administration of justice
case of the applicant
order of certiorari
applicant’s case
chieftaincy matter
dissenting opinion
family members
interested parties
majority judgment
pending action
2nd interested party
3rd respondent
behalf of the shama gate of the ebiradze family
ebusuapanyin s.k obeng v
ex-parte bank of ghana
favour of the 1st interested party
further order of prohibition
gravamen of the contempt application
interest of justice
order of perpetual injunction
respect of suit no.
respect of these proceedings
ruling dated 7th november
said suit
sharma traditional council
statutory exemption
supervisory jurisdiction of the court
supreme court
unlawful conduct
view of the fact

RULING

KULENDI JSC

Introduction: 

This is an application for an order of certiorari directed at the High Court 2, Sekondi to remove  into this court for the purpose of being quashed, all proceedings in respect of Suit No.:  E12/103/18 titled: EBUSUAPANYIN S.K OBENG v. SHAMA TRADITIONAL COUNCIL and   2 OTHERS, and a further order of prohibition against the said High Court from continuing to  hear the matter.  

Before we proceed to consider the contentions in this application, we wish to observe that the  parties described by the Applicant on the face of the motion as 2nd, 3rd, 4th and 5th Respondents  ought to have been referred to as the 1st, 2nd, 3rd and 4th Interested Parties respectively. This  error was correctly avoided by counsel for the Interested Parties and we will follow the correct  description of the Interested Parties as such. 

APPLICANT’S CASE: 

It is the case of the Applicant that a chieftaincy matter entitled Ebusuapanyin Kwamina Ackon  (Suing For and On Behalf of the Sham…

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