REPUBLIC v. AKUAKU II; EX PARTE CHAYI II
1990
COURT OF APPEAL
GHANA
CORAM
- AMPIAH
- ESSIEM
- ADJABENG JJ.A
Areas of Law
- Administrative Law
- Civil Procedure
- Evidence Law
AI Generated Summary
Sylvanus Isaac Tetteh Ayekpa, recognised by Gazette as Wetsoyi (chief) of Tekperbiawe in the Ada Traditional Area, applied for mandamus to compel the Ada Traditional Council’s president—the paramount chief—to have him invited to sit and exercise his membership rights. His installation and status had been declared valid by the council’s judicial committee, which also enjoined rival claimant Simons Amanortey Adjaottor; Adjaottor and others appealed to the Greater Accra Regional House of Chiefs, and that appeal was pending. The High Court refused mandamus, holding there was no legal duty and that Gazette recognition prevailed. On appeal, Adjabeng J.A., for the Court of Appeal, held that Act 370 (sections 13, 14(3), 16) imposes a mandatory duty on the traditional council to summon and notify membership changes, but section 27 (as amended) makes appeals an automatic stay of execution and P.N.D.C.L. 107 did not displace section 27. Gazette recognition is prima facie, not conclusive, under Evidence Decree 1975, section 154 and Ababio v. Tutu. Because the injunction and related administrative steps are stayed, the respondent cannot act until the appeal is determined. The Court therefore dismissed Ayekpa’s appeal.