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May 28, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF OSEI-HWERE J.
Kwesi Essiah, the plaintiff, issued a writ against Nana Kweku Prah II, the defendant, for a declaration that his purported destoolment as the Ebusuapanyin of the Nsona Stool Family of Dominase by the defendant is null and void. The action was commenced before the judicial committee of the Komenda Traditional Council and it was pending there as a part-heard suit, when the defendant, the applicant herein, brought the instant motion seeking an order of prohibition to stop the judicial committee of the Komenda Traditional Council from further hearing the suit. The ground on which the relief is sought (as amended) is stated as:
"The subject-matter of the suit not being a matter of constitutional nature within the meaning of section 66 of the Chieftaincy Act, 1971 (Act 370), the council cannot invoke the provisions of section 28 (1) as on attached writ of summons.”
The main argument of the applicant's counsel is that the plaintiff, Kwesi Essiah (hereinafter to be referred to as the respondent) not being a chief, his removal as head of family would not entitle him to issue a writ before the judicial committee of the traditional council, as its jurisdiction is limited to causes or matters affecting chieftaincy within the definition in section 66 of the Chieftaincy Act, 1971. Counsel for the applicant does not deny the inherent jurisdiction of the traditional council to go into the respondent's complaint in a customary manner, but contends that the exercise [p.762] of this jurisdiction should be without recourse to initiating proceedings by a writ to compel the attendance of the defendant in the suit as contemplated under section 28 (1) of Act 370.
It is axiomatic to state that nothing is within the jurisdiction of an inferior tribunal save that which has been expressly conferred on it by statute. It was, however, recognised by Ollennu J. (as he then was) in Adoko v. Edu (1958) 3 W.A.L.R. 441 that a state council, as the highest council in the state, had inherent jurisdiction and powers to hear and determine matters which cannot be described as "matters of a constitutional nature" (as defined under the then relevant Ordinance, i.e. the Southern Ghana) States Councils Ordinance, 1952 (c. 8 of 1952), and which were in no way affected by the enactment of the said States Councils Ordinance. He thought, however, that the procedural means for exercising such inherent jurisdiction which is over and above that conferred by the Ordinance migh
AI Generated Summary
In this Ghanaian High Court judgment by Osei-Hwere J., a supervisory order of prohibition was sought by Nana Kweku Prah II to halt a part-heard destoolment suit brought by Kwesi Essiah, the Ebusuapanyin (family head) of the Nsona Stool Family of Dominase, before the Judicial Committee of the Komenda Traditional Council. The court framed the decisive question as whether Essiah was a 'chief' under the Chieftaincy Act, 1971 (Act 370), such that his removal could fall within the committees jurisdiction. Interpreting sections 48(1) and 49(e), the judge emphasized that being a chief requires nomination and installation under customary law and recognition by the Regional House of Chiefs, with listing on the National Register of Chiefs. The court rejected reliance on procedural regulations (L.I. 798) to extend jurisdiction and underscored that inherent powers cannot override statutory limits. Because Essiah provided no affidavit evidence of recognition, the committee lacked jurisdiction, and the application for prohibition was granted on 19 May 1980.