REPUBLIC vs. DUGBAZA VIII AND ANOTHER; EX PARTE NATIONAL HOUSE OF CHIEFS AND ANOTHER

JUDGMENT OF ESSIEM J.A. This is an appeal against the ruling of Kwapong J. sitting at the High Court, Ho by which he granted an application for an order of prohibition against the National House of Chiefs. The applicant’s prayer was: “for a writ of prohibition to issue against the National House of Chiefs prohibiting it from proceeding to embark on an inquiry referred to it by the Provisional National Defence Council Secretary for Chieftaincy Affairs . . .” The evidence on record shows that since about January 1977 there had been a dispute between the first respondent, Togbe Nakakpo Dugbaza VIII, and Togbe Kportufe Dugbaza V as to which of them is the legitimate chief of Tefle. I do not consider it necessary for the purposes of the appeal to deal with the history of how the dispute came about. I shall therefore only deal with the events which prompted the application for the order of prohibition. On 7 April 1986 the P.N.D.C. Secretary for Chieftaincy Affa...