Republic Vrs Judicial Committee Of The Brong Ahafo Regional House Of Chiefs [2013] GHASC 141 (23 January 2013)

Republic Vrs Judicial Committee Of The Brong Ahafo Regional House Of Chiefs [2013] GHASC 141 (23 January 2013)

The Supreme Court held that the proceedings before the Asanteman Council, initiated by the voluntary invocation of the Great Oath and accepted by both parties, constituted a valid customary arbitration. The parties, having submitted to and complied with the award, are estopped from relitigating the matter. The process at the Judicial Committee of the Brong Ahafo Regional House of Chiefs to dismiss the petition on grounds of estoppel was legitimate. There was no jurisdictional error or error of law apparent on the face of the record to warrant certiorari. The appeal was therefore dismissed in its entirety.

Citation
[2013] GHASC 141
Parties
Appellants: Obaapanin Amma Mansa and Others; Respondents: Nana Yaa Adutwumwaa & Others
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 January 2013
Procedural Posture
Civil Appeal Judicial Review (certiorari) / Supreme Court Final Appeal
Outcome
Appeal dismissed in its entirety
Legal Topics
Estoppel Per Rem Judicatam, Jurisdiction of Customary Arbitration, Customary Arbitration Requirements, Supervisory Jurisdiction, Costs
Source Language
English
Chieftaincy Law Customary Law Judicial Review Estoppel Per Rem Judicatam Jurisdiction of Customary Arbitration Customary Arbitration Requirements Supervisory Jurisdiction Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Obaapanin Amma Mansa and Others

Appellants

Nana Yaa Adutwumwaa & Others

Respondents

Procedural Posture

Civil Appeal Judicial Review (certiorari) / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Asanteman Council proceedings contravened article 274(3)(d) of the 1992 Constitution and section 28 of the Chieftaincy Act, 2008 (Act 759)
  2. 2 Whether the parties are bound by the Asanteman Council's decision so as to constitute estoppel
  3. 3 Whether the process initiated by the Respondents at the Judicial Committee of the Brong Ahafo Regional House of Chiefs on estoppel was legitimate and appropriate

Ratio Decidendi

The Supreme Court held that the proceedings before the Asanteman Council, initiated by the voluntary invocation of the Great Oath and accepted by both parties, constituted a valid customary arbitration. The parties, having submitted to and complied with the award, are estopped from relitigating the matter. The process at the Judicial Committee of the Brong Ahafo Regional House of Chiefs to dismiss the petition on grounds of estoppel was legitimate. There was no jurisdictional error or error of law apparent on the face of the record to warrant certiorari. The appeal was therefore dismissed in its entirety.

Court Disposition

Appeal dismissed in its entirety

Orders

  • Appeal against the Court of Appeal judgment dated 24th June 2011 dismissed
  • Costs awarded by lower courts not disturbed