King Vrs Gyan [2015] GHASC 94 (22 July 2015)

King Vrs Gyan [2015] GHASC 94 (22 July 2015)

The appeal is dismissed because the jurisdictional issue was unanswerable, had been raised and argued at the High Court, and the Court of Appeal was entitled to affirm the dismissal on jurisdictional grounds without further hearing, as the principle that an appeal is by way of rehearing was properly applied.

Citation
[2015] GHASC 94
Parties
Plaintiff/appellant: Nana Kow Mensah King, Head of Tumpa Anona Family of Winneba; Defendant/respondent: Opanin Kweku Kyikyibi Gyan, Head of Otuano Royal Stool Family, Winneba
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 July 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Appeals, Jurisdiction, Natural Justice, Abuse of Process
Source Language
English
Civil Procedure Chieftaincy Appeals Jurisdiction Natural Justice Abuse of Process

Case Brief

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Parties

Nana Kow Mensah King, Head of Tumpa Anona Family of Winneba

Plaintiff/appellant

Opanin Kweku Kyikyibi Gyan, Head of Otuano Royal Stool Family, Winneba

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred by dismissing the appeal on a ground not argued by the parties without giving them an opportunity to be heard
  2. 2 Whether the suit was a matter affecting chieftaincy and thus outside the jurisdiction of the High Court

Ratio Decidendi

The appeal is dismissed because the jurisdictional issue was unanswerable, had been raised and argued at the High Court, and the Court of Appeal was entitled to affirm the dismissal on jurisdictional grounds without further hearing, as the principle that an appeal is by way of rehearing was properly applied.

Court Disposition

appeal dismissed

Orders

  • The judgment of the Court of Appeal is affirmed.