EMMANUEL AZAMETI & ORS v. CHRISTIAN LETSU AVEVOR & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A (Presiding)
- Sowah, J.A
- Kwofie, J.A
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellants appealed the High Court's decision to quash the Asogli Traditional Council's judgment due to improper quorum and granting of unsolicited relief. The High Court found the Committee lacked proper quorum and membership registration. The Court of Appeal overturned this, stating the trial judge erred in considering non-raised issues and ruled the Committee did not breach any certiorari grounds. The appeal was allowed and certiorari application dismissed.
ADJEI, JA
The interested parties/Appellants who would be referred to in this appeal as “the Appellants” appealed against the decision of the trial High Court delivered on 14th January, 2015.
The applicants/respondent who would be referred to in this appeal as “the Respondents” filed an application for Judicial Review in the nature of certiorari pursuant to the leave granted by the trial High Court to quash the judgment of the Judicial Committee of the Asogli Traditional Council, Ho.
The gravamen of the Respondents application filed before the trial High Court was that on 9th May, 2013 the Judicial Committee of the Asogli Traditional Council rendered its judgment in the case of Emmanuel Azamete and 3 Others vrs Christian Letsu Avevor & 6 Others in which it granted an additional relief to the ones sought by the plaintiffs therein.
The additional relief which the respondents herein described as unsolicited and unwarranted was that the Judicial Committee appointed the 1st plaintiff therein as the Stool father for the Abenyainase Stool without regard to the custom, traditions and usages of the people of Abenyainase.
The second ground to the judicial review in the nature of certiorari was that the meeting of the Asogli Traditional Council of which the members of the Judicial Council was appointed was not properly constituted and therefore rendered the appointment void.
It was further stated that once the body which appointed the Judicial Committee members lacked quorum, any act by it except the issue of adjournment is void.
The Respondents’ contend that out of the 33 divisions that form the Asogli Traditional Council, only 19 were present at the meeting that elected a pool of members from whom the Judicial Committee members would be selected.
The respondents further contended that out of the 19 chiefs who were present at the meeting only nine (9) of them had their names published in the Chieftaincy Bulletin.
In effect, ten (10) of the 19 members present did not have their names in the Chieftaincy Bulletin and were prohibited from taking part in any statutory function of the Traditional Council.
The trial High Court quashed the proceedings from the Judicial Committee of the Asogli Traditional Council on the grounds that the members of the Judicial Council who sat on the matter did not have their names published in the Chieftaincy Bulletin.
The Appellants dissatisfied with the judgment delivered by the trial High Court Judge on 14th January,2015 filed a