KWATIA II VRS. KANTANKA II (C13/83/2022) [2023] GHAHC 564 (23 November 2023)

KWATIA II VRS. KANTANKA II (C13/83/2022) [2023] GHAHC 564 (23 November 2023)

The issues raised in the suit are causes or matters affecting chieftaincy as defined under section 76 of Act 759, and the High Court lacks jurisdiction to entertain such matters, which are exclusively reserved for the Traditional Councils.

Citation
[2023] GHAHC 564
Parties
Plaintiff/respondent: Barima Funyan Kwatia II; Defendant/applicant: Osabarima Osafo Kyei Kantanka II
Court
High Court
Jurisdiction
Ghana
Judgment Date
23 November 2023
Case Number
C13/83/2022
Procedural Posture
Civil / Judgment on Application to Dismiss for Want of Jurisdiction
Outcome
Suit dismissed for want of jurisdiction
Legal Topics
Jurisdiction of High Court, Chieftaincy Disputes, Exclusive Jurisdiction of Traditional Councils
Source Language
English
Chieftaincy Law Jurisdiction Jurisdiction of High Court Chieftaincy Disputes Exclusive Jurisdiction of Traditional Councils

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Parties

Barima Funyan Kwatia II

Plaintiff/respondent

Osabarima Osafo Kyei Kantanka II

Defendant/applicant

Procedural Posture

Civil / Judgment on Application to Dismiss for Want of Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to determine the plaintiff's claims relating to chieftaincy
  2. 2 Whether the plaintiff remains the chief of Muoso
  3. 3 Whether the defendant's appointment as Regent is valid

Ratio Decidendi

The issues raised in the suit are causes or matters affecting chieftaincy as defined under section 76 of Act 759, and the High Court lacks jurisdiction to entertain such matters, which are exclusively reserved for the Traditional Councils.

Court Disposition

Suit dismissed for want of jurisdiction

Orders

  • Costs of GHS30,000.00 awarded against the Plaintiff and in favour of Defendant