Ratio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
THE PRESIDENT NATIONAL HOUSE OF CHIEFS & 2ORS

(2021) JELR 109041 (SC)    
Supreme Court  ·  J4/27/2020 ·  24 Mar 2021 ·  Ghana
CORAM
APPAU JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, LOVELACE JOHNSON (MS.) JSC, AMADU JSC

Ratio Decidendi

Core Terms Beta
respondents
high court
1st respondent
national house of chiefs
trial court
national register of chiefs
register of chiefs
appellants
chief of amoasima
court of appeal
supreme court
judicial committee
name of the appellant
2nd respondents
3rd applicants
decision of the court of appeal
decision of the high court
research committee
standing orders
statement of case
appellant’s chieftaincy declaration forms
asebu traditional council
case of 1st respondent
court of law
enstoolment of the 1st respondent
exercise of administrative act
instant appellant
kojo adan
kojo yamoah
legal effect
name of nana amoah
name of the instant appellant
ohene of amoasima
order of mandamus
procedural jurisdiction of the high court
regional house of chiefs
removal of the name of the chief
said kweku benyi
statutory provisions of the chieftaincy act
wrong person

JUDGMENT

AMADU JSC

(1) This appeal is from the decision of the Court of Appeal dated the 16th day of  October 2018. The action culminating in this appeal was commenced by an  originating motion for an order of mandamus to issue by the  Appellants/Respondents/Respondents (hereinafter referred to as “Respondents”) against the Respondents/Appellants/Appellants to expunge from the National  Register of Chiefs the name of Kweku Benyi aka Nana Amoah VII the Interested  Party/Appellant/Appellant (hereinafter referred to as ‘Appellant’) and to cancel an  extract bearing Serial No.952 to the said Kweku Benyi or set same aside on grounds  of fraud.

(2) In determining the application, the High Court found in favour of the Applicants  whereupon it ordered the 1st and 2nd Respondents/Appellants to remove the  name of the instant Appellant from the register of chiefs. The instant Appellant,  dissatisfied with the decision of the High Court appealed to the Court of Appeal  which dismissed the appeal fr…

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