AZORBLIE AND OTHERS vs. ANKRAH IV

JUDGMENT OF ADADE J.S.C. Adade J.S.C delivered the ruling of the court. On 5 November 1985 the defendants, by counsel, filed a “motion on notice” in this court asking: “for an order of prohibition against the High Court, Ho presided over by Apatu-Plange J. from hearing the above suit, and for such other orders as this honourable court may deem fit.” The main ground for the application is that the suit before the High Court, Ho is a chieftaincy matter which the court has no jurisdiction to entertain. Unfortunately, the applicants contend, the High Court insists on hearing the matter, notwithstanding objections by them. Mr Armstrong Ackuaku, for the plaintiff-respondent, objects to the Court of Appeal hearing the defendants’ motion on the ground that this court has no jurisdiction. He says in his notice of preliminary objection that: “a motion for prohibition is not maintainable at the Court of Appeal at first instance.” He argues that the Court of Appeal...