REPUBLIC v. SHAI TRADITIONAL COUNCIL

B. ACKAH-YENSU, JA

INTRODUCTION

This appeal is from the Ruling of the High Court (General Jurisdiction Accra) dated the 31st day of July 2018. In the High Court, the Respondent herein Numo Narteh Donkor sought an order for judicial review in the nature of prohibition against the Appellants.

BACKGROUND FACTS

The back ground facts to this appeal can be summarized as follows:- The Respondent aforesaid was served with a civil process emanating from the Shai Traditional Council, whereby he was commanded to attend to the Judicial Committee of the said Council to respond to a claim by some Plaintiffs for; “a declaration that the next chief of Matetse Draweh Dodowa shall come from the Wornukpekpe Family of Matetse Dodowa and not from the Lartey Kpesehu Family of Matetse Dodowa” The Respondent’s case was that the said issue of the proper ruling house had been settled by customary arbitration at the palace of Nene Djagbletey VI Kutuwer Matse of Heowe on March 10 2014, wherein the arbitrators made an award which was binding on all the parties who voluntarily appeared and took part in the arbitration proceedings. The Respondent asserted further that since the arbitral award was enforceable at the High Court, the Judicial Committee of the Shai Traditional Council had no jurisdiction to re-open the matter in order to determine the same issues already resolved between the parties who had submitted themselves voluntarily to the arbitration.

The Respondent asserted that the exclusive original jurisdiction vested in the Traditional Council as provided under Section 29(1) of the Chieftaincy Act 2008. Act 759 to hear and determine “a cause or matter affecting Chieftaincy” within its area of jurisdiction, did not include an enquiry into matters already determined by a competent arbitral tribunal. The Respondent asserted further that, there being no appeal against the arbitral award, it was binding on all the parties particularly the plaintiffs who sought relief before the Judicial Committee of the Shai Traditional Council.

When the Appellants were bent on pursuing the Respondent in spite of this challenge to the jurisdiction of the Judicial Committee, to re-open the issues already determined at the customary arbitration, the Respondent invoked the supervisory jurisdiction of the High Court and sought the relief of judicial review to prohibit the Appellants from pursuing the Respondent without lawful authority. The Appellants contested the application. In delivering itsel