REPUBLIC v. NATIONAL HOUSE OF CHIEFS, KUMASI
2019
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - Presiding
- DZAMEFE, (J.A.)
- WELBOURNE, (J.A
Areas of Law
- Administrative Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal overturned the High Court's decision that ordered the restoration of the Awiaso Traditional Council in the national register of chiefs and reinstated Awulae Kaku Aka III's name. The appellate court held that the application for judicial review was filed out of time and thus invalid, as the applicant did not seek an extension within the prescribed six-month period. Furthermore, the deletion of names from the National Register of Chiefs was deemed an administrative act, not subject to certiorari or mandamus. The judgment underscores the necessity for judicial procedures to be followed strictly, especially regarding time limitations.
MARIAMA OWUSU, J.A.:
This is an appeal against the decision of the High Court, Kumasi, dated 19th July, 2017. In the said decision, the trial Judge held among others that:-
“In the light of the foregoing, I order that Awiaso Traditional Council be restored in the national register of chiefs and in the result, the applicant Awulae Kaku Aka III being the successor in title to his uncle is entitled to have his name inserted in the register of the house of chiefs.
This court thus directs the Registrar of the National House of Chiefs accordingly.Cost of Gh¢5,000.00 is awarded to the applicant against each of the respondents.”
Dissatisfied with the decision of the High Court, the Interested Party/Appellant (hereinafter referred to as Interested Party) appealed to the Court of Appeal on the following grounds:
1. The judgment/ruling is against the weight of the affidavit evidence on record.
2. The High Court Judge misdirected himself by failing to appreciate that the whole application for Judicial Review by way of certiorari and mandamus was inappropriate since the facts relied on by the applicant were disputed by both the respondent National House of Chiefs and the Interested Party.
3. Additional Grounds of Appeal will be filed by the Interested party/Appellant after the record of appeal is received.
On its part, the respondent/appellant (hereinafter referred to as appellant)also being dissatisfied with the decision of the High Court, filed an appeal on the 21st July, 2017 on the following grounds:
a. That the said judgment/ruling is wrong in law as same was given by His Lordship the High Court Judge without jurisdiction.
b. That the exercise of discretion by His Lordship the High Court Judge to determine and grant the application resulting in his judgment/ruling is wrong.
c. That the amount of Gh¢5,000.00 awarded as costs against the respondent/appellant herein and in favour of the applicant/respondent herein is harsh and excessive having regard to the peculiar nature and circumstances of this matter/case.
d. That the said judgment/ruling is against the weight of evidence on record and or before the court below.
e. Additional ground(s) to be filed upon receipt of the record of appeal.
Relief sought from the Court of Appeal:
To reverse and/or set aside the judgment/ruling of the High Court, Kumasi and the costs of Gh¢5,000.00 awarded against the respondent/appellant in favour of the applicant/respondent.
Before dealing with the arguments canvas