[2008]DLCA6623 • July 24, 2008 • Court of Appeal
THE REPUBLIC vs. THE ARBITRATION COMMITTEE OF MAMPONG GYASE COUNCIL EX-PARTE: OPANIN KOFI TWUMASI
The appellant, acting as head of the Aduana royal family of Bronyon, challenged the proceedings and award of the Arbitration Committee of Mampong Gyase Council concerning the nomination to the Kontre stool of Ejura within the Mampong Traditional Area. The appellant claimed customary rights to nominate candidates for the stool and objected to the nomination of a candidate by the interested party. The Arbitration Committee made an award against the appellant, who then sought judicial review by way of certiorari to quash the arbitration proceedings on grounds of jurisdictional incompetency, asserting exclusive jurisdiction of the Judicial Committee of Mampong Traditional Council over chieftaincy matters.
read moreANIN-YEBOAH, J.S.C. This is an appeal from the High Court, Kumasi in which the trial judge refused to grant an application for the prerogative writ of certiorari to quash the proceedings of the Arbitration Committee of Mampong Gyase Council. The appellant on 10/06/2004 filed a motion ex-parte for leave to commence proceedings by way of prerogative writ of certiorari. The basis for the application [which was subsequently fought on affidavits] appear to be simple and uncontroverted. The appellants, in the affidavit deposed to the fact that his family had been occupying the Kontre stool of Ejura within the Mampong Traditional Area. According to him, whenever the said stool is vacant as a result of abdication, death or destoolment of the occupant, it is the prerogative of himself [as head of family] the queen mother and Odikro of Bonyon to nominate a member of the royal family to occupy the stool. He deposed further that upon the abdication of the occupant of the Kontre stool of Ejura, t...