[2008]DLCA6629 • June 25, 2008 • Court of Appeal
THE REPUBLIC vs. THE JUDICIAL COMMITTEE, GA TRADITIONAL COUNCIL. EX-PARTE: TEI NII TETTEH AHINAKWAH II THOMAS OKINE NII AKWETE KPOBO III
The appellants initiated a chieftaincy claim before the Judicial Committee of the Ga Traditional Council seeking declarations regarding the recognized Royal Ruling Houses of Gbese, the legitimacy of the Naa Akua Onidin/Akwete Krobo Saki We as a ruling house, the entitlement to provide a candidate for the Gbese stool, and injunctions restraining installation of certain individuals. The respondents denied these claims and raised defences including estoppel per rem judicatem and statute of limitation based on prior judgments by the Greater Accra Regional House of Chiefs involving related parties and issues.
read moreBAFFOE BONNIE, J.A. In his 20 page ruling delivered on 29th day of July, 2005 in respect of an application for a writ of prohibition against the Judicial Committee of the Ga Traditional Council brought by the respondents herein, the learned High Court Judge concluded (at page 98 of the record) “I believe to permit the re-agitation of these matters already determined by a court of competent jurisdiction will occasion hardship and oppression on the applicant and constitute an abuse of the Court process. I shall accordingly grant the order of prohibition, prohibiting the Judicial Committee of the Ga Traditional Council from further proceeding with the matter” It is against this ruling that the appellants herein have filed this appeal on the following grounds: 1. The learned High Court Judge was clearly wrong in granting the application for prohibition in as much as the issue before the Ga Traditional Council was a cause or matter affecting chieftaincy under the chieftaincy Act...