Republic Vrs The High Court (general Jurisdiction), Accra Ex-parte: Nii Agyemankese Iii [2019] GHASC 53 (6 February 2019)

Republic Vrs The High Court (general Jurisdiction), Accra Ex-parte: Nii Agyemankese Iii [2019] GHASC 53 (6 February 2019)

The High Court lacked jurisdiction to entertain the substantive suit as it was a cause or matter affecting chieftaincy; all orders arising from that suit, including injunction, mandamus, and contempt, were therefore null and void and must be quashed.

Source-derived case information.

Citation
[2019] GHASC 53
Parties
Applicant: Nii Agyemankese III; 1st Interested Party: Nii Dodoo Nsaki II; 3rd Interested Party: Nii Tackie Adama Latse II; 2nd Interested Party: 2nd interested party; 5th Interested Party: 5th interested party
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 February 2019
Procedural Posture
Civil Motion / Ruling on Application for Certiorari and Prohibition
Outcome
application granted
Legal Topics
Supervisory Jurisdiction, Certiorari, Prohibition, Chieftaincy Jurisdiction, Mandamus, Contempt of Court
Source Language
english
Constitutional Law Customary Law Judicial Review Supervisory Jurisdiction Certiorari Prohibition Chieftaincy Jurisdiction Mandamus +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nii Agyemankese III

Applicant

Nii Dodoo Nsaki II

1st Interested Party

Nii Tackie Adama Latse II

3rd Interested Party

2nd interested party

2nd Interested Party

5th interested party

5th Interested Party

Procedural Posture

Civil Motion / Ruling on Application for Certiorari and Prohibition

Legal Issues

  1. 1 Whether the High Court had jurisdiction to entertain a cause or matter affecting chieftaincy
  2. 2 Whether the orders of injunction, mandamus, and contempt issued by the High Court were valid

Ratio Decidendi

The High Court lacked jurisdiction to entertain the substantive suit as it was a cause or matter affecting chieftaincy; all orders arising from that suit, including injunction, mandamus, and contempt, were therefore null and void and must be quashed.

Court Disposition

application granted

Orders

  • Orders of injunction, mandamus, and contempt issued by the High Court are quashed.
  • Suit No. BMISC 862/15 is struck out from the High Court cause list.