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REPUBLIC v. CHIEFTAINCY COMMITTEE ON WIAMOASEHENE STOOL AFFAIRS; EX PARTE OPPONG KWAME AND ANOTHER

1971

HIGH COURT

CORAM

  • HAYFRON-BENJAMIN J

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The High Court, per Hayfron-Benjamin J., heard an application by Nana Oppong Kwame and Obaapanin Adjoa Amponsah seeking certiorari in relation to the destoolment of Nana Pim Owusu Ansah. The Agona Traditional Council had destooled Pim after the Queenmother’s complaint; Pim appealed to a Chieftaincy Committee chaired by Justice J. B. Siriboe, which recommended that the appeal be allowed. The National Liberation Council (NLC) first published in March 1969 that the appeal was dismissed, then in September 1969 published a cancellation and allowance. The court addressed locus standi, proper parties, and the breadth of certiorari, holding that Oppong Kwame, as the newly enstooled Wiamoasehene, had standing; certiorari lies to both the Committee and the NLC; and the NLC’s second publication was ultra vires, given section 39(5)’s finality and the absence of hearing the parties. Certiorari was granted and costs awarded.

JUDGEMENT