REPUBLIC vs. JUDICIAL COMMITTEE OF THE WESTERN REGIONAL HOUSE OF CHIEFS; EX PARTE EDURO AND OTHERS

JUDGMENT OF EDUSEI J.A. On 1 November 1977, the Sekondi High Court presided over by Quashie-Sam J. quashed by an order of certiorari the ruling of the judicial committee of the Western Regional House of Chiefs, dated 28 October 1976, and also by means of an order of prohibition restrained the judicial committee of the said house from hearing the matter before it either on appeal or de novo. It is against the decision of the Sekondi High Court that this appeal was lodged. The history of the case may briefly be stated thus: On 20 March 1969, the Western Nzima Traditional Council gave judgment in favour of the respondents herein who were defendants in the original suit before the traditional council. The plaintiffs in that suit who were dissatisfied with the decision filed a notice of appeal on 1 December 1969 and when the matter came up for hearing before the judicial committee of the Western Regional House of Chiefs, counsel for the respondents herein raised two preliminary o...