NANA OBENG NUAKO III v. ODEEFUO BOA AMPONSEM & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A. (PRESIDING)
- HONYENUGA, J.A.
- DENNIS ADJEI, J.A
Areas of Law
- Administrative Law
- Civil Procedure
- Evidence Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The respondent, installed as the chief of Dunkwa-on-offin in June 2006, faced purported destoolment by a letter issued by the 1st appellant, the paramount chief, after an unresolved meeting about the new Queenmother. The respondent sought a judicial review for certiorari to quash this decision. The High Court granted this application, prompting the 1st appellant to file an appeal. The Court held that the 1st appellant lacked the power to unilaterally destool the respondent without the customary and statutory procedures, affirming that the matter did not constitute a cause affecting chieftaincy which would remove the jurisdiction of the High Court. The appeal was dismissed, upholding the decision of the High Court.
HONYENUGA, J.A.
This is an appeal against the decision of the High Court, Cape Coast dated the 9th day of August 2010. The said Court granted an application for judicial review to wit:- Certiorari to quash the decision of the 1st respondent/appellant’s purported destoolment of the applicant/respondent and his direction to the appropriate royal family to appoint a regent. The respondents/appellants would be simply referred to as the appellants and the applicant/respondent as the respondent.
The facts of this appeal are that the respondent is the chief of Dunkwa-on-offin having been installed in June 2006 in accordance with customary practices and usages of the people of Dunkwa in the Denkyira Traditional Area. The respondent as part of the customary practice and usage had to be introduced by the Queenmother of Dunkwa to the 1st appellant, the Omanhene of the Denkyira State to perfect his installation. After the demise of the then Queenmother, a new Queenmother had to be installed, and was installed to perform that task. On the 28th day of April 2010, the 1st appellant invited various parties to settle the impasse concerning the installation of the new Queenmother. At the said meeting, the head of family of the respondent stated categorically that he will not allow the Queenmother to be selected from any other family apart from his family. He also stated that he would not allow the queenmother selected from any other family to swear the great oath to the 1st appellant. The 1st appellant stated that he would not countenance any foolishness in the matter. When the sub-chiefs and elders of the respondent heard the abuse, they whisked him into a waiting car and brought the meeting to an abrupt end. Based on this the 1st appellant wrote a letter to the respondent purporting to have withdrawn recognition for the respondent as the chief of Dunkwa. The 1st appellant also requested the royal family of Dunkwa to appoint a regent for the Dunkwa stool with immediate effect. Based upon these, the respondent brought up an application for judicial review under Order 55 of C.I. 47 for an order of Certiorari to quash the decision of the 1st appellant.
Upon hearing arguments put forth for and against the application by counsel, the learned High Court Judge granted the prayer of the respondent and ordered Certiorari to quash the decision of the 1st appellant. The trial judge also awarded costs of GH¢400.00 against the 1st appellant. Aggrieved by the decision of the learned