[2015]DLCA8326November 26, 2015Court of Appeal

THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS PER THE PRESIDENT, KUMASI (RESPONDENT) THE REGIONAL HOUSE OF CHIEFS PER THE PRESIDENT, CAPE COAST (RESPONDENT) OGUAA TRADITIONAL COUNCIL PER THE PRESIDENT, CAPE COAST (RESPONDENT) EX PARTE EBUSUAPANYIN KWAKU KAKRABA @ JOSEPH K. MENSAH (APPLICANT) SUBSTITUTED BY JOHN DARKO OTOO HOUSE NO. E.162/3, JUKWA ROAD CAPE COAST (RESPONDENT) KWEKU SEMPAH @ THOMAS YALLEY HOUSE NO. WE 20, WINDY RIDGE OPPOSITE AHMADYYIA SCHOOL TAKORADI

This is an appeal against the judgment of the High Court, Cape Coast dated the 14th day of February, 2008 which dismissed an application for Judicial Review in the nature of certiorari and prohibition to quash the decision of the 1st and 2nd respondents for having entered the name of the Interested Party/Appellant into the Register of the National House of Chiefs and for a further order restraining him from holding himself as the Odikro of Pedu. The Interested party/appellant would be simply referred to as the appellant and the respondents and the applicant/respondent as the 1st, 2nd, 3rd, and 4th respondents respectively. The facts of this appeal were that the 4th respondent per his lawful attorney John Darko Otoo who was later substituted for the 4th respondent filed a motion on notice under Order 55 Rule 1 of C.I. 47, for an order of Judicial Review to quash by certiorari and prohibition, the decision of the 1st respondent to enter the name of the appellant into the National Reg...