[1959]DLHC2066 • April 10, 1959 • High Court
WARE vs. OFORI-ATTA & ORS.
The plaintiff, Gyasehene of Ejisu, claimed customary custodianship of Stool property following the deposition of the Ejisuhene (chief). The Minister of Local Government authorized a third party to take possession of the Stool property under the Statute Law Amendment No. 2 Act, 1957. The plaintiff contended that this Act affected his traditional functions as a Chief and that the Act was invalid as it was passed without compliance with constitutional requirements.
read more(His lordship stated the facts, and proceeded:-) In this judgment the Ghana (Constitution) Order-in-Council, 1957, the Statute Law (Amendment) (No. 2) Act, 1957, and the Ejisu Stool Property Order, 1958, will be referred to as the Constitution, the Act and the Order respectively. By Section 31(5) of the Constitution the Supreme Court is vested with original jurisdiction in cases in which the validity of a law is called in question. The main ground upon which the validity of the Act is attacked is that it was passed into law without the requirements of section 35 of the Constitution having been complied with. (His lordship read the section, and proceeded:-) It has not been argued on behalf of the defendants that the non-existence of Houses of Chiefs could excuse non-compliance with section 35 of the Constitution, if the Bill was one affecting the traditional functions or privileges of a Chief. In the absence of any express proviso modifying the terms of section 35, it is clear t...