[2008]DLSC2468 • October 22, 2008 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT, KOFORIDUA EX-PARTE: NANA OTUTU KONO III AKUAPEM TRADITIONAL COUNCIL
The Akwapem Traditional Council (Plaintiff) sued Nana Otutu Kono III and others (Defendants) claiming declarations that it was the only lawful statutory Traditional Council in Akuapem and that the defendants' respective Traditional Councils were illegal and void. The Plaintiff sought injunctions restraining the defendants from operating or claiming through those councils or claiming to be Omanhene or Presidents thereof. The defendants challenged the High Court's jurisdiction, asserting the matter was a cause or matter affecting chieftaincy, over which the High Court lacked jurisdiction.
read moreGEORGINA WOOD CJ: I have had the opportunity to read the opinions of my respected brothers and sister in this matter. Unfortunately, I do not agree with the majority views expressed by my respected brethren. To the contrary, I am inclined to agree with the opinion of my brother Dotse JSC. Consequently, it would in my view, be helpful if I briefly stated my reasons for allowing this application which seeks to invoke the supervisory jurisdiction of the Supreme Court for an order of certiorari to quash the ruling of the High Court Koforidua dated 13th December, 2007. The interested party who was the Plaintiff in the original action sued the Defendants, the Applicants herein for the following reliefs: A declaration that the Plaintiff body is the only lawful and statutory Traditional Council in Akuapim A declaration that the defendants so-called Traditional Council, namely Akuapim Anafo Traditional Council, Okere Traditional Council, and Akuapim Guan Traditional Council respectively a...