2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolved around the legitimacy of the enskinment of Bolga-Naba and the rightful authority to do so. The Appellant asserted res judicata relying on a prior ruling, while the Judicial Committee dismissed the Petition without a full hearing. The High Court quashed this decision, ruling that fundamental issues remained unresolved and that the dismissal without a full hearing breached natural justice. This appeal reaffirms the importance of a proper hearing and the need to resolve all substantial issues in dispute.
TORKORNOO (MRS), J. A.
This appeal against the decision of the High Court Bolgatanga seeks to overturn an order of Certiorari quashing a ruling of the Judicial Committee of the Upper East Regional House of Chiefs. The Petitioner in the House of Chiefs, who was Applicant in the high court, and Respondent to this appeal, (hereinafter referred to as the Respondent), had petitioned the Judicial Committee of the Upper East Regional House of Chiefs (hereinafter referred to as the Judicial Committee) against the Respondent to the action before the Upper East Regional House of Chiefs, Interested party in the high court, and Appellant in this appeal (hereinafter referred to as the Appellant). The Respondent sought the following reliefs:
1. Declaration that the nomination, selection and enskinment of the Petitioner as Bolga-Naba and successor to Naba Abilba is in accordance with the custom and tradition of Frafra.
2. Declaration that the Principal Clans of Bolga (Tanga) are the only eligible authorities for nomination and selection of a candidate for enskinment as Bolga-Naba.
3. A declaration that the Petitioner is the legitimate Bolga-Naba.
4. An order of perpetual injunction restraining the respondent from holding himself out as a Bolga Naba As part of his averments supporting his Petition, he averred that he had been nominated and selected by the seven royal clans of Bolga, and gone through enskinment procedures by the Nayiri, paramount chief of Mamprugu, and that this is what was required to become Bolga-Naba. The Appellant opposed the Petition in a Statement of Defendant’s Case. Inter alia, he averred that the Petitioner was estopped per rem judicatum from re-litigating the issue as to whether or not the Nayiri is the enskinning authority for the Bolga Skin, because that matter had been determined in the negative by the Upper East Regional House of Chiefs Judicial Committee in a Judgment dated 17th day of February 1988, numbered suit No 1/AJ/08 and titled Martin Adongo Abilba vrs Asingbe Agana and 21 others. He said the petitioner was privy to this judgment through his late legal paternal uncle, Azuma Nyaaba. It was his position that it was he the Appellant who hailed from the appropriate family, and had been validly nominated by the said family and elected by a majority of the principal elders of the Atulibabiisi clan acting in concert with other chiefs within the Bogatanga traditional area and installed as Bolga Naba on 8th May 2015, in accordance wi