The Republic Vrs Judicial Committee Of Sekondi Traditional Council & Ors [2020] GHASC 132 (25 November 2020)

The Republic Vrs Judicial Committee Of Sekondi Traditional Council & Ors [2020] GHASC 132 (25 November 2020)

The Judicial Committee of the Sekondi Traditional Council acted without jurisdiction when it suo motu reopened and determined a chieftaincy dispute seven years after its prior judgment, contrary to Regulation 4(1) of L.I. 798; certiorari was the appropriate remedy to quash the Committee's decision, and the Court of Appeal did not err in granting it.

Citation
The Republic Vrs Judicial Committee Of Sekondi Traditional Council & Ors [2020] GHASC 132 (25 November 2020)
Parties
Applicant/appellant/respondent: Ebusuapanyin Kofi Susu (substituted by Ebusuapanyin Kofi Asante substituted by Joshua William 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 dismissed (majority); dissenting opinion would allow appeal and restore High Court ruling
Legal Topics
Jurisdiction of Traditional Councils, Certiorari, Commencement of Proceedings, Supervisory Jurisdiction, Procedure in Chieftaincy Disputes
Source Language
eng
Customary Law Chieftaincy Administrative Law Jurisdiction of Traditional Councils Certiorari Commencement of Proceedings Supervisory Jurisdiction Procedure in Chieftaincy Disputes

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Parties

Ebusuapanyin Kofi Susu (substituted by Ebusuapanyin Kofi Asante substituted by Joshua William 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 earlier judgment
  2. 2 Whether the remedy of certiorari was available to quash the Committee's decision of 13 November 2013
  3. 3 Whether the manner of commencement of proceedings before the Judicial Committee was valid under Regulation 4(1) of L.I. 798

Ratio Decidendi

The Judicial Committee of the Sekondi Traditional Council acted without jurisdiction when it suo motu reopened and determined a chieftaincy dispute seven years after its prior judgment, contrary to Regulation 4(1) of L.I. 798; certiorari was the appropriate remedy to quash the Committee's decision, and the Court of Appeal did not err in granting it.

Court Disposition

Appeal dismissed (majority); dissenting opinion would allow appeal and restore High Court ruling

Orders

  • The appeal is dismissed; the decision of the Court of Appeal quashing the Judicial Committee's ruling of 13 November 2013 is affirmed.
  • Dissent: Appeal allowed; Court of Appeal decision set aside; High Court ruling restored.