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JUDGMENT
HONYENUGA, J. A.
This is an appeal against the Judgment of the High Court, Cape Coast dated the 10th day of April, 2013. The said court granted an application for Judicial Review filed by the applicant/respondents.
The facts of this appeal are that on the 19th September, 2011 the applicants/respondents issued a writ at the Judicial Committee of the Denkyira Traditional Council, the respondent/respondent herein against the Interested parties/appellants claiming as follows: -“a. An order for the annulment or setting aside of the purported nomination, election and enstoolment of the said MR. JOSEPH MENSAH @ KWABENA EBO, the defendant herein as the Chief or Odikro or Ohene of Nkotumso-Nkasawura within the Denkyira Traditional area in the Upper Denkyira Traditional District in the Central Region of the Republic of Ghana on the grounds stated in the statement of claim attached hereto.
b. An order of perpetual injunction restraining the defendant from acting and or parading or holding himself or allowing himself to be referred in any way or manner as the Chief or Odikro or Ohene of Nkotumso-Nkasawura.
c. An order of perpetual injunction restraining the defendant by himself or anybody claiming through him from in any way parading himself or allowing himself to be referred to as the Chief or Odikro . d. Any other relief(s) that Nananom may deem fit to order or grant in the circumstances”. The applicants/appellants followed up with a motion for Interlocutory injunction to restrain the 1st interested party/appellant from holding himself out or allowing himself to be referred to as the Chief or Odikro of Nkokumso-Nkasawura within the Denkyira Traditional Area in the Upper Denkyira West District in the Central Region of Ghana until the final determination of the substantive suit.
The motion for interlocutory injunction was heard and a ruling which the Committee labelled as judgment was delivered which ruling virtually disposed of the substantive suit.
Dissatisfied with the state of affairs, the applicants/respondents filed an application for Judicial Review of Certiorari and prohibition to quash the said judgment.
Upon hearing the parties the learned trial judge on 10th April, 2013 granted the application, quashed the decision of the Judicial Committee and restrained the Committee from continuing with the hearing.
The learned trial judge also ordered a re-trial of the case by a differently constituted panel and awarded costs of GH¢800. 00 against the interested