THE REPUBLIC v. THE HIGH COURT, TEMA, EX PARTE: NANA KWANDOH BREMPONG III
2021
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- PWAMANG, JSC
- MARFUL-SAU, JSC
- TORKORNOO, JSC
- AMADU, JSC
Areas of Law
- Civil Procedure
- Constitutional Law
- Administrative Law
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Applicants sought certiorari in the Supreme Court to quash a High Court, Tema order that compelled re-entry of Odeneho Akrofa Krukoko II’s name in the National Register of Chiefs as Omanhene of Wassa Fiase. The High Court had granted the 2nd interested party’s ex parte application purportedly under section 37 of the Chieftaincy Act to enforce a 19 August 2015 Western Regional House of Chiefs ruling. Interpreting section 37, the Supreme Court held that enforcement must be transmitted by the Judicial Committee itself and not through party-initiated filings, and further found that the 2015 ruling contained no operative order directing re-entry. The Court characterized the High Court’s action as a fundamental error of law, assumed jurisdiction improperly, and quashed the order. Prohibition was deemed unnecessary because the pending proceedings would automatically abate.
RULING
MARFUL-SAU JSC:-
The applicants in this proceedings are praying for an order of certiorari directed at the High Court, Tema presided over by Ankamah, J. to quash the ruling of that court dated the 14th October 2020 in the suit No. E12/052/2021, entitled IN THE MATTER OF AN APPLICATION BY ODENEHO AKROFA KRUKOKO II AND EX-PARTE MOTION FOR AN ORDER COMPELLING THE NATIONAL HOUSE OF CHIEFS TO RE-ENTER THE NAME OF APPLICANT INTO THE NATIONAL REGISTER OF CHIEFS AS OMANHENE OF THE WASSA FIASE TRADITIONAL AREA TO COMPLY WITH THE DECISION OF THE WESTERN REGIONAL HOUSE OF CHIEFS PURSUANT TO SECTION 37 (1) OF THE CHIEFTAINCY ACT (ACT 759). The applicants further prayed that the trial Judge be prohibited from further hearing the suit for lack of jurisdiction.
The applicant in the said suit who is the 2nd interested party herein had applied to the High Court, Tema through an Ex-parte application to enforce a ruling of the Western Regional House of Chiefs dated the 19th August 2015, allegedly ordering the National House of Chiefs to re-enter the 2nd interested party’s name into the National Register of Chiefs as the Omanhene of Wassa Fiase Traditional Area. The trial High Court heard the application and on the 14th October 2020 granted same and ordered the President and Registrar of the National House of Chiefs to re-enter the name of the 2nd interested party herein in the National Register of Chiefs as the Omanhene of the Wassa Fiase Trditional Area within seven days after service of the order on them. It is against this ruling or order that the applicants have invoked the supervisory jurisdiction of this court for same to be brought up to be quashed.
The Ex-parte application in the High Court, Tema was brought under section 37(1) of the Chieftaincy Act, Act 759, as demonstrated on the face of the Ex-parte motion. In essence the 2nd interested party herein was seeking to enforce a judgment or an order of the Judicial Committee of the Western Regional House of Chiefs, which is regulated in terms of procedure by section 37 of the Chieftaincy Act. The said section 37 provides as follows:-
‘’37. Enforcement of judgment of Houses of Chiefs or Traditional Councils
(1) On an application made by a party to proceedings before a judicial committee of House of Chiefs in whose favour a judgment or order was made by that Committee, the Committee shall forward a copy of the judgment or order to the High Court with a request for execution of the judgment or order.
(2) On