REPUBLIC vs. DUGBAZA VIII AND ANOTHER; EX PARTE NATIONAL HOUSE OF CHIEFS AND ANOTHER [1989]DLCA670

REPUBLIC vs. DUGBAZA VIII AND ANOTHER; EX PARTE NATIONAL HOUSE OF CHIEFS AND A... [1989]DLCA670

Date	1989-05-11
Suit No.
Citation No.	[1989]DLCA670

OSEI-HWERE JA

AMPIAH JA

ESSIEM J.A

P. A. ADJETEY SAG (WITH HIM ASANTE) FOR THE APPELLANTS.

S. GBADEGBE (WITH HIM MISS AMABLE) FOR THE RESPONDENTS.

[1989]DLCA670
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>DUGBAZA VIII AND ANOTHER; EX PARTE NATIONAL HOUSE OF CHIEFS
AND ANOTHER<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1989-90] 2 GLR 171<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
11
MAY 1989<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

P. A. ADJETEY, SAG (WITH HIM ASANTE) FOR THE
APPELLANTS.<o:p></o:p>

S. GBADEGBE (WITH HIM MISS AMABLE) FOR THE
RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OSEI-HWERE, AMPIAH AND ESSIEM JJ.A<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ESSIEM J.A.<o:p></o:p>This is
an appeal against the ruling of Kwapong J. sitting at the High Court, Ho by
which he granted an application for an order of prohibition against the
National House of Chiefs.<o:p></o:p>The
applicant’s prayer was:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“for a
writ of prohibition to issue against the National House of Chiefs prohibiting
it from proceeding to embark on an inquiry referred to it by the Provisional
National Defence Council Secretary for Chieftaincy Affairs . . .”<o:p></o:p><o:p>&nbsp;</o:p>The
evidence on record shows that since about January 1977 there had been a dispute
between the first respondent, Togbe Nakakpo Dugbaza VIII, and Togbe Kportufe
Dugbaza V as to which of them is the legitimate chief of Tefle. I do not
consider it necessary for the purposes of the appeal to deal with the history
of how the dispute came about. I shall therefore only deal with the events
which prompted the application for the order of prohibition.<o:p></o:p><o:p>&nbsp;</o:p>On 7
April 1986 the P.N.D.C. Secretary for Chieftaincy Affairs wrote to the National
House of Chiefs as follows:<o:p></o:p>“Tefle
Chieftaincy Affairs 1. In 1977 the enstoolment forms of Togbe Kportufe Dugbaza
V were processed and submitted to the National House of Chiefs. Since the
submission the name has been entered and expunged from the Register of Chiefs
on several occasions as a result of petitions and counter - petitions from the
contestants and High Court orders. 2. Meanwhile at Tefle Togbewo Kportufe
Dugbaza V and Nakakpo Dugbaza VIII are each claiming to have been nominated,
elected and installed Fia of Tefle. 3. From the foregoing, it is evident that
there is a cause or matter affecting the stool of Tefle which needs to be
investigated. However since there is no traditional council in the whole of the
Tongu area where Tefle is situated: and the Volta Regional House of Chiefs is
also precluded from being a court of first instance for divisional chiefs, it
has been decided that the Tefle issue be referred to the National House of
Chiefs. 4. I accordingly refer the Tefle chieftaincy matter to the National
House of Chiefs under section 3 of the<o:p></o:p>Chieftaincy
Act, 1971 (Act 370) to find out: (a) who is the chief of Tefle so nominated,
elected and enstooled or installed in accordance with the requisite applicable
customary law and usage; (b) to investigate any other matters which appear to
the house to be reasonably related to the issue; (c) to submit its findings to
the Secretary responsible for Chieftaincy Affairs. (Sgd) P.N.D.C. SECRETARY For
Chieftaincy Affairs. (C.S. TAKYI)”<o:p></o:p><o:p>&nbsp;</o:p>Upon
receipt of the secretary’s letter, the National House of Chiefs appointed on
ad-hoc committee to investigate the matter. The parties involved were notified
about this. They were also informed that the “finance committee of the house
has directed that each of the parties deposit an amount of ¢50,000 towards
payment of sitting allowances and other ancillary expenses of the ad-hoc
committee.”<o:p></o:p><o:p>&nbsp;</o:p>The
applicants objected to the whole exercise but their objection was overruled by
the Chieftaincy Secretariat which instructed the National House of Chi</main>