THE REPUBLIC v. NATIONAL HOUSE OF CHIEFS
2013
COURT OF APPEAL
GHANA
CORAM
- AYEBI J.A. (PRESIDING)
- IRENE DANQUAH (MRS.) J.A.
- TANKO AMADU J.A.
Areas of Law
- Civil Procedure
- Administrative Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves the removal of Nana Barimah Antwi Boasiako II from the Register of Chiefs by the National House of Chiefs on June 5, 2008, on grounds of secession. Boasiako's delayed judicial review application, filed on January 28, 2011, was dismissed for being time-barred. The trial judge erroneously granted an extension to re-apply. The Court of Appeal determined the application was indeed filed out of time and that the trial judge incorrectly extended the timeline, thus allowing the appeal and dismissing the application for judicial review.
AYEBI J.A.
This is an appeal against the ruling of the High Court, Kumasi delivered on by the respondent/appellant that the application for judicial review was filed out of time.The basis of the application is as follows:The applicant/respondent, Nana Barimah Antwi Boasiako II was installed as chief of Adrobaa and registered in the Register of Chiefs by the respondent/appellant in 1982 as Tufuohene of Duayaw Nkwanta Traditional Area.
The applicant/respondent of late declared that he had seceded from the Duayaw Nkwanta Traditional Council.The Duayaw Nkwanta Traditional Council thereon submitted to the Brong Ahafo Regional House of Chiefs a vacation form reporting the fact that applicant/respondent had vacated his seat as Adrobaahene and Tufuohene of the Duayaw Nkwanta Traditional Area.
The Brong Ahafo Regional House of Chiefs upon receipt of the vacation forms also recommended to the National House of Chiefs to expunge the name of the applicant/appellant from the Register of Chiefs.
On 5th June 2008, the National House of Chiefs, the respondent/appellant herein, expunged the name of the applicant/respondent from the Register of Chiefs on grounds of secession.The applicant/respondent contending that he has never been destooled as chief of Adrobaa brought this application for judicial review because the removal of his name from the Register of Chiefs was not in compliance with the Chieftaincy Act, 1971(Act 370) and the Revised Standing Orders of both the Brong Ahafo Regional House of Chiefs as well as the Register.
This application for judicial review was filed on 28th January 2011.The application was supported by an affidavit and a statement of case.The appellant in her affidavit in opposition admitted that she expunged the name of respondent from the register and informed the respondent of that fact on 16/12/2008.
In so expunging the name of the respondent from the register, the appellant said she followed due process as outlined in its Standing Orders.
The appellant thereon raised the legal point that the application was incompetent as it was filed way out of time.As it turned out the application was argued and determined on affidavit evidence with the annexures attached.
Following the receipt of appellants affidavit in opposition, respondent on 3/03/11 filed what is headed Motion on Notice for Leave to Amend Grounds of Application for Certiorari and Mandamus.
The leave was granted on 8/02/11 and the application for leave to amend the grounds of t