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REPUBLIC v. AKUAKU II; EX PARTE CHAYI II

1990

COURT OF APPEAL

GHANA

CORAM

  • AMPIAH
  • ESSIEM
  • ADJABENG JJ.A

Areas of Law

  • Administrative Law
  • Constitutional Law
  • Evidence Law

AI Generated Summary

The case involves Sylvanus Isaac Tetteh Ayekpa seeking to compel recognition as a chief in the Ada Traditional Council despite an ongoing appeal challenging his status. The court upheld the trial judge's decision to refuse the application for a mandamus order on grounds that the pending appeal operates as a stay of execution and the Gazette notice was only prima facie evidence of his status. The legal principles emphasize that recognition by Gazette notice is not conclusive, an appeal stays execution of the judgment, and the mandatory administrative duties of the traditional councils under Act 370.

JUDGEMENT