THE REPUBLIC v. JUDICIAL COMMITTEE OF THE VOLTA REGIONAL HOUSE OF CHIEFS, EX PARTE: TOGBE ADZI III
2018
HIGH COURT
GHANA
CORAM
- (SGD) N. C. A. AGBEVOR JUSTICE OF THE APPEAL COURT
Areas of Law
- Administrative Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant sought Judicial Review (prohibition and certiorari) to prevent the Volta Regional House of Chiefs from hearing an appeal he alleged was no longer in existence. The case revolved around the legitimacy of an appeal that was discontinued but later purportedly reinstated. The Court found that the appeal was discontinued but with the liberty to reapply, meaning the right to an appeal remained. The application for certiorari and prohibition was refused, upholding the jurisdiction of the Volta Regional House of Chiefs to hear the reinstatement application despite a previous mandamus order.
JUDGMENT
This application is praying this Court for an order for Judicial Review in the nature of prohibition and certiorari based on the grounds in the affidavit attached. Applicant's case as set out in the supporting affidavit sworn to by Togbe Adzi III, the Fiaga of Atikpui Traditional Area, is that he has received judgement from the Judicial Committee of the Asogli Traditional Council in a challenge of his stated by the family of the interested party. On the receipt of the judgement, an appeal was lodged against the judgement attached here as Exhibit “A”.
The appeal was then discontinued by the family of the interested party annexed as Exhibit “B”. Subsequent to this, Applicant instituted a mandamus proceedings against the Volta Regional House of Chiefs to have his name entered in the National Register of Chiefs - See Exhibit “C” attached. The Respondent in an action by the Applicant's before the High Court, the Interested Party argued that there was an appeal existing or pending at the Regional House of Chiefs against Applicant which was rejected by the High Court in Exhibit “D” which ordered the entry of Applicant's name in the Register of Chiefs within 30 days.
The Respondents have since constituted a panel of chiefs to hear the appeal. The reason being that there is an appeal pending in the Regional House of Chiefs against the Applicant. Applicant prays this Court to prohibit the panel from hearing the appeal which is no longer in existent. In his affidavit in opposition to the application the Interested party admitted the Applicant obtained a judgement at the Asogli Traditional Council against which an appeal was lodged. The interested party rather denies that the appeal was discontinued at the instanced of the family. It was discontinued by Joseph Obey against which the family had appealed. See annexure “ADB”.
During the pendency of the appeal, Togbe Kwame Adzroe V the 1st Plaintiff in the original action died with the 2nd Appellant as the only Appellant. It is their case that Togbe Kwame Adzroe was succeeded by Boniface Mensah as head of Adzroe family. It is the interested party's contention that Joseph Obey got himself substituted for Togbe Kwame Adzroe (deceased) and he went on to file a discontinuance of the appeal with liberty. On noticing the action by Joseph Obey the 2nd Defendant applied to set aside the order striking out the appeal and to relist same. The house relisted the notice of appeal and requested the parties per letter No. V