[2013]DLSC2712 • February 6, 2013 • Supreme Court •
THE REPUBLIC vs. JUDICIAL COMMITTEE OF THE GOMOA AKYEMPIM TRADITIONAL COUNCIL EX-PARTE: OPANYIN POBEE AND E. R. KOJO YOYOO
The respondent initiated proceedings before the Judicial Committee of the Gomoa Akyempim Traditional Council against three defendants, claiming exclusive authority to install a Tufuhene for Apam and alleging unlawful acts by the defendants in usurping this right. The dispute arose following the death of Supi Kwame Eyiah, the previous Tufuhene, with contention over rightful nomination and installation of his successor. The first and second defendants filed a motion for disjoinder, which was granted by the Judicial Committee without hearing evidence, resulting in an order nullifying the election of the third defendant and awarding costs against the defendants.
read moreANIN YEBOAH, JSC This appeal raises for our consideration a point of law that is at the heart of our judicial system and the extent to which non-compliance with it may have the effect of invalidating any decision rendered in a case where such a non-compliance did take place. The said point of law is this: Whether a tribunal that has jurisdiction to determine a subject matter may by pursuing a course of procedure that denies to a party to the cause the right to be heard might thereby act in excess or lack of jurisdiction. Although this principle is of fundamental importance to courts in the exercise of their jurisdiction to determine cases, it appears from the record of appeal with which we are concerned in this matter that the learned justices of the two lower courts did not fully appreciate its import in relation to the application for judicial review in the nature of certiorari. The determination of this point of law in our thinking is not unimportant to procedural law and in partic...