The Republic Vrs Judicial Committe Of Sekondi and Another [2020] GHASC 59 (25 November 2020)

The Republic Vrs Judicial Committe Of Sekondi and Another [2020] GHASC 59 (25 November 2020)

The majority held that the Judicial Committee acted without jurisdiction in reopening and determining the chieftaincy dispute after its prior judgment, as it was functus officio and the subsequent proceedings were not properly initiated under Regulation 4(1) of L.I. 798. Certiorari was the appropriate remedy to quash the Committee's 2013 ruling. The dissent held that the flexible nature of Regulation 4(1)(c) permitted initiation by customary means, the applicant waived any objection by participating, and certiorari should not be granted absent miscarriage of justice.

Citation
The Republic Vrs Judicial Committe Of Sekondi and Another [2020] GHASC 59 (25 November 2020)
Parties
Applicant/appellant/respondent: Ebusuapanyin Kofi Susu (substituted by Ebusuapanyin Kofi Asante substituted by Osofo William Joshua Kweku Donkor); Respondent/respondent/appellant: Judicial Committee of Sekondi Traditional Council; Interested Party/respondent/appellant: Ebusuapayin Kwesi Musu (substituted by Opanyin Yaw Badu)
Court
ghasc
Jurisdiction
Ghana
Judgment Date
25 November 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court ruling restored (majority: dissent prevails)
Legal Topics
Jurisdiction of Traditional Councils, Commencement of Proceedings, Certiorari, Supervisory Jurisdiction, Procedure Irregularity
Source Language
eng
Customary Law Chieftaincy Administrative Law Jurisdiction of Traditional Councils Commencement of Proceedings Certiorari Supervisory Jurisdiction Procedure Irregularity

Case Brief

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Parties

Ebusuapanyin Kofi Susu (substituted by Ebusuapanyin Kofi Asante substituted by Osofo William Joshua Kweku Donkor)

Applicant/appellant/respondent

Judicial Committee of Sekondi Traditional Council

Respondent/respondent/appellant

Ebusuapayin Kwesi Musu (substituted by Opanyin Yaw Badu)

Interested Party/respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the Judicial Committee of the Sekondi Traditional Council had jurisdiction to reopen and determine the chieftaincy dispute after its prior judgment
  2. 2 Whether the manner of commencement of proceedings before the Judicial Committee complied with Regulation 4(1) of L.I. 798
  3. 3 Whether certiorari was the appropriate remedy to quash the Committee's decision

Ratio Decidendi

The majority held that the Judicial Committee acted without jurisdiction in reopening and determining the chieftaincy dispute after its prior judgment, as it was functus officio and the subsequent proceedings were not properly initiated under Regulation 4(1) of L.I. 798. Certiorari was the appropriate remedy to quash the Committee's 2013 ruling. The dissent held that the flexible nature of Regulation 4(1)(c) permitted initiation by customary means, the applicant waived any objection by participating, and certiorari should not be granted absent miscarriage of justice.

Court Disposition

Appeal allowed; Court of Appeal decision set aside; High Court ruling restored (majority: dissent prevails)

Orders

  • The ruling of the High Court dated 19th May, 2014 is restored.
  • The decision of the Court of Appeal dated 29th May, 2019 is set aside.