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THE REPUBLIC v. THE NATIONAL HOUSE OF CHIEFS EX-PARTE: OSAHENE KATAKYI BUSUMAKURA III

May 19, 2006

COURT OF APPEAL

GHANA

CORAM

  • OWUSU, JA [PRESIDING]
  • TWENEBOA-KODUA, JA
  • OSEI, JA

Areas of Law

  • Administrative Law
  • Civil Procedure

AI Generated Summary

The Ghana Court of Appeal, per Owusu JA, reviewed a High Court order granting mandamus to compel the Registrar of the National House of Chiefs to re-insert the name of Osahene Katakyi Bushumakura III in the National Register of Chiefs. Bushumakura III had been enstooled as Divisional Chief of Takoradi and initially registered, but the National House subsequently cancelled the extract, explaining that Research Committee consideration had not been approved by the Standing Committee and the full House. A chieftaincy dispute over the Takoradi stool was pending before the Ahanta Traditional Council, and a general meeting of the National House had put registration on hold until final determination. Emphasizing that mandamus is discretionary and registration is not automatic, the Court held that re-insertion was not advisable while the applicant’s status remained judicially unsettled. Although section 50(7) provides a right of appeal to the Supreme Court, the Court affirmed that alternative remedies do not bar mandamus per se. The appeal succeeded on grounds (i), (iii), and (iv), and the High Court’s order was set aside.

JUDGMENT