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EBU NTIAKO ESIA KOBINA v. AHANTA TRADITIONAL COUNCIL & ANOR

2012

COURT OF APPEAL

GHANA

CORAM

  • S.MARFUL-SAU, J.A (PRESIDING)
  • C.J.HONYENUGA, J.A
  • DENNIS D. ADJEI, J.A

Areas of Law

  • Civil Procedure
  • Administrative Law
  • Constitutional Law

AI Generated Summary

The Ghana Court of Appeal, per Dennis D. Adjei, J.A., dismissed an interlocutory appeal from the High Court, Sekondi, which had refused to dismiss a suit challenging two chieftaincy judgments as nullities. The underlying dispute began in 1998 before the Judicial Committee of the Ahanta Traditional Council against Tutuhene Esi Atta and others, with judgment against the present plaintiff affirmed in 2001 by the Western Region House of Chiefs. In 2008, the plaintiff sought declaratory relief in the High Court, arguing the earlier proceedings were commenced by petition rather than a writ of summons under L.I. 798. The defendants contended the suit was a chieftaincy matter ousting jurisdiction and an abuse of process tantamount to time-barred judicial review. The Court held the claim was not a chieftaincy matter and that void judgments may be attacked by declaratory action; it declined to decide the merits on interlocutory appeal and remitted the case for trial.

JUDGMENT