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
2012
COURT OF APPEAL
GHANA
CORAM
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.
MARFUL-SAU, JA:- On the 29th October,2010 the applicant/appellant herein referred to as appellant filed a motion in the High Court, Sekondi for Judicial Review of certiorari to bring up to be quashed the ruling of the Chieftaincy Tribunal of the Western Region House of Chiefs, the respondents/respondents in this appeal who will be referred to as respondents. The said ruling by the respondent was dated the 27th October, 2010. The ruling was the outcome of a motion filed by the appellant against the interested parties in this appeal praying to set aside the default judgment of the respondent tribunal, delivered on 11th October, 2010, mainly on the ground that appellant was not served with a hearing notice to attend the tribunal.
The default judgment entered against the appellant appears at page 8 to 15 of the record of appeal. In the judgment the tribunal held as follows;-
‘’1.The Respondent George Kinsley Kwesi Ampong is hereby declared as having been customarily destooled as Omanhene of Wassa Fisae Traditional Area with effect from 23rd April 2002.
2.The Respondent George Kingsley Kwesi Ampong is perpetually restrained from in any manner holding himself out as Omanhene of Wassa Fiase Traditional Area.’’
It was against this decision that the appellant filed a motion to set aside, on the ground that he was not served, with a hearing notice before the tribunal proceeded, to hear the case in his absence and entered the default judgment on the 11th October 2010. The respondent tribunal on the 27th October 2010 dismissed appellant’s motion to set aside the default judgment on ground that appellant was in contempt of the tribunal, for describing himself in the motion as the Omanhene of Wassa Fiase Traditional Area, when the default judgment had declared him customarily destooled as Omanhene, since 23rd April 2002.
Having found that the appellant was in contempt, the respondent tribunal refused to hear the appellant and dismissed the motion. Besides the contempt charge against the appellant, the respondent tribunal held that it was satisfied from the record of the case before it, that the appellant was served with a hearing notice, but defaulted in attending the tribunal to defend the action brought against him by the interested parties.
Dissatisfied and aggrieved by the decision of the respondent tribunal, particularly the reasons assigned by the tribunal in dismissing the motion, the appellant applied to the High Court for an order of certiorari to quash t