REPUBLIC v. DASASEBRE OTI BOATENG & ANOTHER
2016
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- SOWAH, JA
- MENSAH, JA
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court in Koforidua granted a mandamus order to compel the Paramount Chief of New Juaben Traditional Council to forward the Applicant's Chieftaincy forms for registration. The Respondent appealed, arguing the High Court lacked jurisdiction and wrongly exercised its supervisory powers. The Court dismissed the appeal, upholding the High Courts jurisdiction to grant the mandamus and confirming the statutory duty imposed on the Traditional Council to notify the Regional and National House of Chiefs of changes in membership. Several legal principles were affirmed, including the High Court's supervisory jurisdiction, conditions for mandamus, and the traditional and statutory recognition of chiefs.
ADJEI, J.A:
The High Court Koforidua on 15th June, 2012 granted an application for mandamus to compel the Respondent/Appellant herein, the paramount Chief of New Juaben Traditional Council to forward the Applicant’s duly completed Chieftaincy Declaration Forms to the Eastern Regional House of Chiefs for onward transmission to the National House of Chiefs for registration of the Applicant’s name in the National Register of Chiefs. The Respondent/ Appellant herein who would be referred to in this appeal as the Respondent dissatisfied with the decision by the High Court appealed against the said decision to this Court.
The facts of the case before the trial High Court were that the Applicant’s Asona family litigated with the Ekuona family with respect to the family whose membership is eligible to occupy the Suhyenhene and Mponuahene of the New Juaben Traditional Area. The Applicant’s family which lost the suit at the Judicial Committee of New Juaben Traditional Council won at the Judicial Committees of the Eastern Regional House of Chiefs, the National House of Chiefs and the Supreme Court. The Applicant’s family nominated, selected, elected, enstooled and installed the Applicant as the Suhyenhene of New Juaben Traditional Council and the successor of Frimpong Manso II who was destooled before the litigation between the two families ensued.
The Respondent on the other hand failed to recognise the Applicant as Suhyenhene because he had not sworn an oath of allegiance to him as the Paramount Chief of the Traditional Council. The Applicant filled the Chieftaincy Declaration Form and submitted same through the New Juaben Traditional Council for onward transmission to the National House of Chiefs through the Eastern Regional House of Chiefs for the Applicant’s name to be registered in the National Register of Chiefs.
The High Court granted the application for mandamus to compel the Respondent to perform his lawful and statutory duty imposed on him by Section 14 of Chieftaincy Act, 2008 (Act 759).
The Respondents dissatisfied with the decision of the High Court which granted mandamus to compel him to submit the Chieftaincy Declaration Forms through the Eastern Regional House of Chiefs to the National House of Chiefs filed an appeal against the said decision to this Court on 17th July, 2012. The two grounds of appeal filed by the Respondents are as follows:
“i. The Court below had no jurisdiction to entertain the application for mandamus on the facts before th