Republic v High Court, Kumasi, ex parte Nsiah

BY COURT: This application for certiorari emanates from the High Court, Kumasi. In its ruling, the High Court held among other things that “section 57 of the Courts Act 1993 (Act 459) cannot prohibit the High Court from hearing causes and matters affecting chieftaincy for there is no provision in the 1992 Constitution which excludes that jurisdiction from the High Court.”

The High Court judge was bound by the judgment of this court in Rep v High Court, Denu ex parte Avadali IV [1993-94] 1 GLR 561 which the High Court judge held was given per incuriam. In so doing, he was wrong and the error appears on the face of the record. On this basis we quash the order of the High Court Kumasi, made on 11 July 1994.

We are also of the view that on grounds of public policy, it is inexpedient to leave the body unburied. We therefore order that the body of the late Benkunhene be released by the mortuary authorities to the family of the said deceased for burial forthwith.

We further order that the mortuary fees should be paid by the party in whose favour the injunction order was made on the production of mortuary receipt. The injunction is therefore revoked and discharged.

The applicant is awarded costs assessed at ¢300,000.

(Sgd) ARCHER CJ
(Sgd) ABBAN JSC
(Sgd) AMUA SEKYI JSC
(Sgd) BAMFORD-ADDO JSC
(Sgd) HAYFRON-BENJAMIN JSC
(Sgd) AMPIAH JSC
(Sgd) KPEGKAH JSC

Application for certiorari granted.