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THE REPUBLIC v. THE STANDING COMMITTEE OF NKUSUKUM TRADITIONAL COUNCIL, EX PARTE: NANA EBIYATAKYI III & ORS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • HONYENUGA, JA
  • DENNIS ADJEI, JA

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

MARFUL-SAU, JA (presiding) delivered the Court of Appeal’s judgment on an appeal from the High Court, Cape Coast, where the appellants had sought certiorari to quash two decisions of the Standing Committee of the Nkusukum Traditional Council dissolving the Assets and Management Committee of Kuntu and the No. 5 Asafo Company of Kuntu. The Court examined the record and identified a fundamental procedural defect: the action was brought against the “Standing Committee,” an entity unknown to and not created by the Chieftaincy Act, 1971 (Act 370), and therefore lacking juristic capacity to be sued. Emphasizing that judicial power within traditional councils resides solely in their judicial committees and that a court cannot assume jurisdiction without a legal respondent, the Court held the entire High Court proceeding a nullity. It set aside the trial and dismissed the appeal, with HONYENUGA, JA and DENNIS ADJEI, JA agreeing.

JUDGMENT