REPUBLIC v. WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE MFRAMA AND OTHERS

JUDGMENT OF ANSAH-TWUM J.

This is an application for an order prohibiting the respondents from hearing and determining the suit entitled:

(1) Asamoah Ebbah (2) John Mokye v. Aduku Mframra and Others Paragraphs 4 and 5 of the applicants' affidavit in support read as follows:

"4. That the case travelled on successive appeals to the full bench of the Court of Appeal under the title aforementioned in paragraph 1 of this affidavit."

"5. That the full bench of the Court of Appeal delivered its judgment as follows:

'I am of the opinion that this is a proper case to remit to the appropriate tribunal to be heard de novo. In the result I shall allow the appeal and send the case back to the Western Nzima Traditional Council or its successor to be heard de novo'."

The applicants who appear to have brought this application mainly against the first respondents, the Western Nzima Traditional Council, have stated as follows in paragraph 9 of the affidavit in support:

"9. That it has become clear to the applicants that the whole of the Western Nzima Traditional Council including the officials herein are secretly acting as parties in this suit in that it does appear to the claimants herein that—

(i) The council is deliberately putting the machinery of the administration of the council, to wit the registry of the council at the disposal of the plaintiffs, by preparing the papers of claim for the third respondent.

(ii) That indeed there is evidence that the papers were prepared by the registrar of the said council."

There is an affidavit from the registrar of the Western Nzima Traditional Council, John Akom Ntsiful, to the effect that the chieftaincy dispute concerned here has been fixed for hearing and the parties have been notified. Members of the judicial committee elected to hear the case are: Nana Ahumatupi, Nana Abouloa and Nana Nawule. These three members of the committee were not members of the traditional council in 1969 when the original decision was arrived at. The [p.1106] registrar denies ever preparing any papers for the plaintiffs-respondents, and states that the three members of the judicial committee were elected from the council of 66 members.

Counsel for the applicants still urges upon the court that there is actual bias or likelihood of bias on the part of the judicial committee of the council. The Omanhene in having instructed his sub-chiefs not to have anything to do with the applicants, has shown real bias. The Omanhene participated in the