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REPUBLIC v. FODOME TRADITIONAL COUNCIL; EXPARTE ASEM AND OTHER

January 31, 1991

COURT OF APPEAL

GHANA

CORAM

  • LAMPTEY
  • ESSIEM
  • AMUAH JJ.A

Areas of Law

  • Administrative Law
  • Civil Procedure

AI Generated Summary

The Dzise clan appealed against the High Court, Ho’s order quashing the proceedings of a body styling itself the Fodome Traditional Council, which had purported to adjudicate a chieftaincy dispute between the Anyigbe and Dzise clans of Fodome Amele. Lamptey J.A. held that calling the body a “traditional council” prima facie presumes lawful constitution under the Chieftaincy Act, 1971 (Act 370), a presumption rebuttable by evidence; none was adduced at first instance to prove nonexistence. The council dismissed a writ of summons and conducted a trial-like hearing, cross-examining and calling witnesses, yet failed to determine the framed issues, instead treating the matter as an interpretation of a 1941 Fodome Divisional Council judgment. Applying authorities on proper procedure and judicial review, the court concluded that certiorari lay to quash the council’s proceedings and affirmed the High Court, dismissing the appeal.

JUDGEMENT