Republic Vrs Registrar and President, National House Of Chiefs, Exparte Ebusupanyin Kojo Yamoah and Another [2018] GHASC 50 (25 July 2018)

Republic Vrs Registrar and President, National House Of Chiefs, Exparte Ebusupanyin Kojo Yamoah and Another [2018] GHASC 50 (25 July 2018)

The National House of Chiefs acted ultra vires in expunging the 2nd appellant’s name from the Register without due process, as there was no legal justification such as death, abdication, destoolment, or a court order. The expunction was not a mere administrative act but a quasi-judicial determination affecting rights, and thus was unlawful. The appeal succeeds, the Court of Appeal decision is reversed, and the High Court order for re-entry is affirmed.

Citation
[2018] GHASC 50
Parties
Applicant/respondent/appellant: Ebusuapantin Kojo Yamoah (Substituted by Ebusuapanyin Kow Abaka); Applicant/respondent/appellant: Nana Abor Yamoah II; 1st Respondent/appellant/respondent: Registrar & President, National House of Chiefs, Kumasi; 2nd Respondent: Registrar & President, Central Regional House of Chiefs, Cape Coast
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 July 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Second Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review, Mandamus, Jurisdiction, Natural Justice, Administrative Action, Chieftaincy Registration
Source Language
English
Administrative Law Chieftaincy Law Judicial Review Mandamus Jurisdiction Natural Justice Administrative Action Chieftaincy Registration

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Parties

Ebusuapantin Kojo Yamoah (Substituted by Ebusuapanyin Kow Abaka)

Applicant/respondent/appellant

Nana Abor Yamoah II

Applicant/respondent/appellant

Registrar & President, National House of Chiefs, Kumasi

1st Respondent/appellant/respondent

Registrar & President, Central Regional House of Chiefs, Cape Coast

2nd Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent expunged the 2nd appellant’s name from the Register on the strength of the High Court, Winneba judgment
  2. 2 Whether the quashing of the High Court, Winneba decision by the Supreme Court nullified the expunction of the 2nd appellant’s name
  3. 3 Whether the respondent and Central Regional House of Chiefs were performing administrative duties in expunging the name

Ratio Decidendi

The National House of Chiefs acted ultra vires in expunging the 2nd appellant’s name from the Register without due process, as there was no legal justification such as death, abdication, destoolment, or a court order. The expunction was not a mere administrative act but a quasi-judicial determination affecting rights, and thus was unlawful. The appeal succeeds, the Court of Appeal decision is reversed, and the High Court order for re-entry is affirmed.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Court of Appeal reversed
  • Decision of the trial High Court affirmed on different grounds