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REPUBLIC v. CHIEFTAINCY TRIBUNAL, WESTERN REGION HOUSE OF CHIEFS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • HONYENUGA, JA
  • BENSON, J

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

George Kingsley Kwesi Ampong (formerly Omanhene of Wassa Fiase) challenged a Chieftaincy Tribunal ruling after the Western Region House of Chiefs’ Judicial Committee dismissed his motion to set aside a default judgment that had destooled him and restrained him from holding himself out as Omanhene. Ampong maintained he was never served with hearing notice; a registry search produced inconsistent service records, including a bailiff’s denial and missing proof of service. The tribunal refused to consider his affidavit, deeming it contemptuous because it referred to him as Omanhene, and imposed costs. The High Court, Sekondi, refused certiorari and suggested the tribunal could determine contempt. On appeal, Marful-Sau, JA held that only superior courts may punish contempt under Article 126(2), that chieftaincy tribunals must certify contempt to the High Court under Act 759, and that the tribunal breached natural justice by not investigating service. The Court of Appeal set aside the High Court’s judgment and quashed the tribunal’s 27 October 2010 ruling, but declined to set aside the 11 October default judgment pending proper inquiry.

JUDGMENT