THE REPUBLIC VS THE REGISTRAR AGAVE TRADITIONAL COUNCIL, DABALA & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH
Areas of Law
- Civil Procedure
- Administrative Law
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved an Application for judicial review by the Applicants against the Respondents, including the Agave Traditional Council. The Respondents argued that the Council does not exist and hence cannot be sued, and that the Application was filed beyond the permissible period and did not comply with procedural rules. The Applicants argued otherwise, but the Court ruled in favor of the Respondents, dismissing the Application on the grounds that the Agave Traditional Council does not legally exist, and the jurisdiction was not properly invoked. The judgment stressed the importance of proper invocation of jurisdiction and compliance with procedural rules.
The present Application filed by the Respondents/Applicants (hereinafter referred to as the Respondents) is for an order to dismiss the suit on the grounds that this Honourable Court lacks Jurisdiction to determine same and also, the Application offends/violates order 55 Rule 3(1), 6(2) of the High Court (Civil Procedure) Rules 2004 (C. I47) and therefore wholly a nullity upon the grounds stated in the accompanying Affidavit and for any further order(s) as this Honourable Court may deem fit.
Per the Affidavit filed by the Respondents the following facts emerged: The Applicants filed an Application for an Order by way of prohibition and /or mandamus on the 9 th June, 2023 at the Registry of this Court against the Respondents herein.
According to the Respondents the said Application for Judicial Review is substantially flawed both in law and facts, and as such, a nullity, unmaintainable and same ought to be dismissed in limine with punitive costs.
The Respondents contend that the Applicants have sued Agave Traditional Council(1 st Respondent) through its Registrar, which does not exist and as such no action can be taken against that entity.
In that regard, any action against a non- existing person or entity is accordingly a nullity.
According to the Respondents, Agave Traditional Council does not exist and by Law a Traditional Council is a creation of a statute which is different and distinct from a Traditional Area.
The Respondents further contends that on the basis of that fact, the Court has no Jurisdiction to determine the instant Application as the Court’s Jurisdiction has not been properly invoked.
Furthermore, the Respondents contend that per a search conducted at the Registry of the Volta Regional House of Chiefs, Ho by their Lawyer dated 14 th June, 2023 revealed that, Agave Traditional Council has yet not been inaugurated and therefore it has no Registrar.
The said search is attached to the instant Application as Exhibit‘1’. In addition to the above grounds, the Respondents contend that the Applicants have not complied with the Rules of the Court, which mandates an Applicant to file a Statement of Case within 14 days after an Application for an order of Judicial Review by way of prohibition and / or mandamus has been filed.
However, the instant application was filed on the 9 th June, 2023 and the Statement of Case filed on 26 th June, 2023 contrary to the Rules of this Court per Order 55 Rule 6(2) of C. I 47. The Respondents further conten