[2017]DLCA4546 • January 17, 2017 • Court of Appeal
THE REPUBLIC vs. KUMASI TRADITIONAL COUNCIL EX PARTE ABUSUAPANIN OWUSU AFRAM AND NANA MENSAH BONSU
The applicant/appellant, claiming to be head of the Aduana family of Kaase, challenged the installation of the Interested Party as Kaasehene, alleging lack of blood relationship and improper enstoolment. The applicant sought to file a petition before the Kumasi Traditional Council's Judicial Committee to determine the validity of the Interested Party's claim. However, the Registrar of the Council refused to accept the petition, stating that no Judicial Committee had been appointed and that since 1999, chieftaincy matters were referred to customary arbitration, a process the applicant had already lost. The applicant thus filed for judicial review by way of mandamus to compel the Council to appoint a Judicial Committee to hear his petition.
read moreAYEBI, JA 1. On 22nd December 2014, the applicant/appellant filed a motion on notice for an order of judicial review by way of mandamus requiring “the Respondent Traditional Council within a time to be fixed herein to appoint and arrange to be sworn in, 5 of its members as Judicial Committee Members, and promptly publicize notice of the establishment of a Judicial Committee by sections 29 and 15(5) of the Chieftaincy Act, 2008 (Act 759) and by Regulations 2 and 3 of L.I. 798/1972 (The Traditional Councils Regulations); And for such further or other order or orders as to the court may appear just or proper”. The applicant/appellant joined the Kaasehene Nana Mensah Bonsu to the application as an Interested Party. 2. The background to this application for Judicial Review is as follows: the applicant/appellant claimed to be the head of the Aduana family of Kaase. It is from this family that Kaasehene and Kaasehemaa are installed since time immemorial. That late Kaasehene Nana Owu...