Republic Vrs National House Of Chiefs Kumasi [2017] GHASC 27 (15 June 2017)

Republic Vrs National House Of Chiefs Kumasi [2017] GHASC 27 (15 June 2017)

The order of Mandamus has already been complied with by entering the respondents' names in the National Register of Chiefs; therefore, there is nothing left to restrain or suspend, and the application for interlocutory injunction is refused.

Citation
[2017] GHASC 27
Parties
Applicant: The Republic; 1st Respondent/appellant: The National House of Chiefs; 2nd Respondent/appellant: The Brong-Ahafo Regional House of Chiefs; Applicants/respondents: Nana Oduro Boamah & 3 Others; 1st Interested Party/respondent: Asanteman Council; 2nd Interested Party/appellant/applicant: Techiman Traditional Council
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2017
Procedural Posture
Civil Motion / Ruling on Interlocutory Injunction Pending Appeal
Outcome
Application refused
Legal Topics
Mandamus, Interlocutory Injunction, Mootness, Jurisdiction
Source Language
English
Administrative Law Chieftaincy Law Mandamus Interlocutory Injunction Mootness Jurisdiction

Case Brief

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Parties

The Republic

Applicant

The National House of Chiefs

1st Respondent/appellant

The Brong-Ahafo Regional House of Chiefs

2nd Respondent/appellant

Nana Oduro Boamah & 3 Others

Applicants/respondents

Asanteman Council

1st Interested Party/respondent

Techiman Traditional Council

2nd Interested Party/appellant/applicant

Procedural Posture

Civil Motion / Ruling on Interlocutory Injunction Pending Appeal

Legal Issues

  1. 1 Whether an interlocutory injunction should issue to restrain enforcement of a mandamus order already complied with
  2. 2 Whether the application is moot due to compliance with the High Court order
  3. 3 Jurisdiction of the Supreme Court in chieftaincy matters

Ratio Decidendi

The order of Mandamus has already been complied with by entering the respondents' names in the National Register of Chiefs; therefore, there is nothing left to restrain or suspend, and the application for interlocutory injunction is refused.

Court Disposition

Application refused