[2013]DLCA8145 • May 16, 2013 • Court of Appeal
THE REPUBLIC vs. WASSA FIASE TRADITIONAL COUNCIL AND NANA AKWASI SOMTREY II (RESPONDENTS/ RESPONDENTS) EX PARTE: ABUSUAPANYIN KOFI NYAMEKY, NANA KORKYE II, EX-CHIEF OF DUMASE, DR. FRANCIS BIH, PRINCIPAL MEMBER AND OBAAPANIN YAA KOM
HONYENUGA, J.A. This is an appeal against the judgment of the High Court, Tarkwa dated the 16th day of April 2012. The said court dismissed an application for Judicial Review in the nature of certiorari to quash the decision of a panel set up by the first Respondent. The Applicants/Appellants would be simply referred to as the Appellants and the Respondents/Respondents as the Respondents. The facts of this appeal are that sometime in October 2005, the 2nd appellant was installed as the Chief of Dumasi Wassa within the Himan Division of the Wassa Fiase Traditional Area. A rival group purported to have installed a rival chief, led to their arrest by the Police on charges relating to breach of the peace. These persons were later arraigned before the Circuit Court, Tarkwa. During the pendency of the matter in the said court, the 1st respondent applied to have the matter referred to it for an attempted settlement. The court obliged the 1st respondent. On the 8th day of December 2...