[2024]DLCA17631June 6, 2024Court of Appeal

THE REPUBLIC vs. GYAASE COUNCIL OF THE MAMPONG TRADITIOANL COUNCIL EX-PARTE: NANA BOAKYE YIADOM, NANA AFIA TWUMWAA & ABUSUAPANYIN KWADWO AGYAPONG AND NANA OTENG WEREDU ABABIO & NANA NYARKO KONADU

The applicants, including the Divisional Chief and Queenmother of Mprim Pampaso, challenged the jurisdiction and actions of the Gyaase Council of the Mampong Traditional Council, which purported to destool the 1st applicant and banish the applicants from the Mampong Traditional Council. The dispute arose after the Paramount Chief of Mampong, without the 1st applicant's consent, divested part of his territory and enstooled another chief. The applicants filed a petition at the Judicial Committee of the Ashanti Regional House of Chiefs. Despite pending proceedings, the Gyaase Council convened a meeting and issued oral orders destooling the 1st applicant and making consequential orders against the others, which the applicants challenged as unlawful and in breach of natural justice.

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JUDGEMENT SUURBAAREH, JA This is an appeal from the judgment of the High Court, Mampong- Ashanti, dated 28th July, 2023, in which the trial Court, after holding that the Respondent/Respondent, was not amenable to the Supervisory jurisdiction of the High Court, however went on to decline jurisdiction in respect of the consequential orders made by the Respondent/Respondent. Obviously dissatisfied with the ruling, the Applicants/Appellants have mounted the instant appeal, on six (6) grounds, complaining about the whole ruling, and seeking to have same set aside or reversed, and for their application for certiorari to be granted. The facts giving rise to the instant appeal are devoid of any complexities. In this judgment the parties will retain their designations in the Court below. The Applicants, on 2nd June, 2023, file an application for judicial review before the trial Court, seeking to invoke its jurisdiction, under Article 141 of the 1992 Constitution, and praying for an orde...