THE REPUBLIC VS THE REGISTRAR AGAVE TRADITIONAL COUNCIL, DABALA & ORS

Respondents sought dismissal of a judicial review filed in the Ghana High Court on 9 June 2023. The Applicants asked for mandamus compelling the Agave Traditional Council to forward Togbui Dosu Passah I’s name for inclusion in the National Register of Chiefs and prohibition restraining the 2nd and 3rd Respondents from sitting on a council panel concerning Avuto affairs. Respondents argued the council did not exist, that the statement of case was filed late under Order 55 Rule 6(2), and that the six‑month limit under Order 55 Rule 3(1) had been exceeded. The court found timeliness satisfied because the operative events occurred in 2023 and the late statement was not fatal without Registrar certification under Rule 6(3). Crucially, the court determined that the Agave Traditional Council had not been properly established or inaugurated and its name and members were not recorded under Act 759, rendering the suit against a non‑existent entity a nullity. On that basis, jurisdiction was not properly invoked and the application was dismissed without costs.