YAGBONWURA TUTUMBA BORE ISSAH I AND 5 OTHERS
V.
BUIPEWURA ABDULAI MAHAMA JINAPOR II

(2011) JELR 63908 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/41/2011 ·  22 Dec 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
respondent
appellants
high court
case
gonja traditional council
court
trial court
judicial review
learned trial judge
supreme court
interested party
appellate court
administrative bodies
respondent’s case
rules of natural justice
supervisory jurisdiction
affidavit evidence
chieftaincy act
grounds of appeal
order of certiorari
cause of action
contravention of the principles of natural justice
judicial committee of the council
lower adjudicating authority
lower courts
contravention of section
error of law
eyes of the court
face of exhibit aa
following reliefs
import of exhibit aa
issue orders
meeting of the gonja traditional council
notice of appeal
observance of the principle of natural justice
offending chief
order of injunction
own cause
paragraph affidavit
parte motion
pure chieftaincy matter
receipt of the record of appeal
registry of the high court
ruling of the trial high court
said affidavit
summary of the facts
traditional capital of the gonja people

JUDGEMENT

F.G. KORBIEH, J.A.

A summary of the facts leading to this appeal is as follows. On the 13/5/2010 there was a meeting of the Gonja Traditional Council at Damongo, the traditional capital of the Gonja people. The applicant/respondent (hereinafter only referred to as the respondent) attended that meeting in his capacity as the Buipewura. In the course of the meeting a dispute arose between the respondent and the Silmawura as to whether the respondent was indeed the Buipewura. Tempers appear to have risen quite high and the meeting came to an abrupt end. According to the respondents/appellants (hereinafter only referred to as the appellants), the meeting so ended as a result of the fact that the respondent had pulled out his pistol from his pocket while his aide had cocked a gun. The very next day after the abortive meeting the respondent received a letter from the Gonja Traditional Council in which the respondentwas (purportedly) removed from office as the Buipewura. The responde…

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