2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Justice Georgina Mensah‑Datsa (with Justice Irene Charity Larbi presiding and Justice Yaw Darko Asare concurring), dismissed an appeal from the High Court, Cape Coast, which had refused certiorari to quash a customary arbitral award. The dispute arose within the Twidan Royal Families of Yamoransa concerning the nomination and attempted installation of Kelvin Ewudzi (styled Nana Essandoh IX) as Omanhen of the Nkusukum Traditional Area. After the Interested Parties petitioned the Judicial Committee of the Central Regional House of Chiefs in 2009, the parties subsequently withdrew the matter to an Independent Customary Arbitration Committee, which in 2017 declared the installation a nullity and advised renewed consultations. On appeal, the appellants argued lack of consent and breaches of natural justice. The Court held that the parties consented in writing to arbitration, that arbitration is a lawful mode of settling chieftaincy disputes, that the 1st Appellant was represented and all principal parties were heard, and that the 2nd Appellant was a nominal defendant. Consequently, each ground failed, and the High Court’s dismissal was affirmed.
GEORGINA MENSAH-DATSA (MRS.), JA
This is an appeal against the ruling of the High Court, Cape Coast dated 12th February, 2019 dismissing the application for Judicial Review by way of Certiorari to quash an arbitral award of the Arbitration Committee of the Central Regional House of Chiefs dated 16th September, 2017 on the basis that same is void for lack of jusrisdiction.
The grounds of appeal are as follows:
1. The judge erred when he made an opinion that the Judicial Committee did not vacate their jurisdiction over the matter but deployed alternative means to resolve the dispute when it was not the Judicial Committee that referred the matter for arbitration.
2. The judge erred when he concluded the rules of natural justice was not breached when the Respondents were not served to appear for the hearing of the arbitration.
3. The judge erred when he concluded that dispensing with service on the 2nd Applicant in a dispute in which he was a party and findings made against him did not to constitute a breach of the rules of natural justice.
4. The ruling is against the weight of evidence.
5. Further grounds will be filed on receipt of the full Record of Appeal.
The Appellants seek from this Court the following reliefs:
1. To set aside the ruling of the High Court dated 12th February, 2019.
2. Re-hearing of the application.
The facts of this matter are that the 1st Interested Party substituted is the Head of the Etsifi Twidan Royal Family of Yamoransa. The 2nd Interested Party is the Head of Essandoh Gate of the Anafo Twidan Royal Family of Yamoransa. The 1st Applicant/Appellant traces his ancestry from Moree in the Central Region was outdoored Nkosuohen of Yamoransa on 25th February, 2004. Yamoransa Township is within the jurisdiction of Nkusukum Traditional Council. The 2nd Applicant/ Appellant is the Acting President of Nkusukum Traditional Council.
According to the 1st Interested Party, Nana Okese Essandoh VIII, the then Chief of Yamoransa who was also the Omanhen of the Nkusukum Traditioanl Area died on 2/7/2009. The Royal Family to which Nana Okese Essandoh VIII belonged is the Twidan Royal Family of Yamoransa. He contended that while preparation were being made for the funeral of the late Nana Okese Essandoh VIII, Ebusuapanyin Kwamena Bosom (now deceased) who was the Head of Anafo Royal Twidan Family on the blind side of the Kingmakers unilaterally nominated and elected the 1st Appellant to be installed as Chief of Yamoransa and the Om