Kobina Vrs Ahanta Traditional Council and Another [2018] GHASC 25 (2 May 2018)

Kobina Vrs Ahanta Traditional Council and Another [2018] GHASC 25 (2 May 2018)

The High Court has jurisdiction to grant a declaration that a judgment of a chieftaincy tribunal is a nullity or was obtained by fraud, upon an action commenced by writ of summons, and such jurisdiction is not limited to prerogative writs. The Court of Appeal erred in holding otherwise and misapplied the Supreme Court decision in Ex parte Odonkorteye.

Citation
[2018] GHASC 25
Parties
Plaintiff/respondent/appellant: Ebusuapanyin Ntiako E. Kobina; Defendant/appellant/respondent: Ahanta Traditional Council; Defendant/appellant/respondent: Ebusuapanyin Nketsia Wereko
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 May 2018
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Declaratory Relief, Supervisory Jurisdiction, Prerogative Writs, Nullity of Tribunal Judgments
Source Language
English
Civil Procedure Chieftaincy Law Jurisdiction Declaratory Relief Supervisory Jurisdiction Prerogative Writs Nullity of Tribunal Judgments

Case Brief

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Parties

Ebusuapanyin Ntiako E. Kobina

Plaintiff/respondent/appellant

Ahanta Traditional Council

Defendant/appellant/respondent

Ebusuapanyin Nketsia Wereko

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant a declaration that a judgment of a chieftaincy tribunal is a nullity
  2. 2 Whether such an action constitutes a cause or matter affecting chieftaincy over which the High Court has no jurisdiction
  3. 3 Whether the remedy of declaration is available as an alternative to prerogative writs in challenging chieftaincy tribunal decisions

Ratio Decidendi

The High Court has jurisdiction to grant a declaration that a judgment of a chieftaincy tribunal is a nullity or was obtained by fraud, upon an action commenced by writ of summons, and such jurisdiction is not limited to prerogative writs. The Court of Appeal erred in holding otherwise and misapplied the Supreme Court decision in Ex parte Odonkorteye.

Court Disposition

appeal allowed

Orders

  • The judgment of the Court of Appeal dated 12th June, 2014 is set aside.