THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS EX-PARTE: OSAHENE KATAKYI BUSUMAKURA III [2006]DLCA6631

THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS EX-PARTE: OSAHENE KATAKYI BUSUMAK... [2006]DLCA6631

Date	2006-05-19
Suit No.	H1/190/2005
Citation No.	[2006]DLCA6631

OWUSU JA [PRESIDING)

TWENEBOA-KODUA JA

OSEI JA

MR. J. DAWSON FOR APPELLANT/RESPONDENT. MRS. E. AIKINS (C.S.A) FOR THE RESPONDENT/APPELLANT

[2006]DLCA6631
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>THE NATIONAL
HOUSE OF CHIEFS<o:p></o:p>(RESPONDENT/APPELLANT)<o:p></o:p>EX-PARTE:
OSAHENE KATAKYI BUSUMAKURA III<o:p></o:p>(APPLICANT/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR. J. DAWSON FOR
APPELLANT/RESPONDENT. MRS. E. AIKINS (C.S.A) FOR THE RESPONDENT/APPELLANT. <o:p></o:p>

OWUSU JA [PRESIDING), TWENEBOA-KODUA
JA, OSEI JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>OWUSU,
JA <o:p></o:p>This
is an appeal against the ruling of His Lordship R.B. Batu sitting at the High
Court, Sekondi, delivered on 29th day of October 2004. <o:p></o:p>The
Applicant/Respondent herein filed a motion pursuant to leave granted him by the
court praying for an order of mandamus to compel the Respondent/Appellant
herein to insert the name of Osahene Katakyi Bushumakura III, the Applicant, in
the National Register of Chiefs in compliance with Section 50 of the
Chieftaincy Act of 1971, Act 370. <o:p></o:p>In
the affidavit in support of the motion, the Applicant averred that he was
enstooled as Ohene of Takoradi in the Ahanta Traditional Area in the Western
Region on 1st March 2003. That subsequently, the particulars of his enstoolment
were submitted by the Ahanta Traditional Council to the Registrar of the
Western Region House of Chiefs which processed and forwarded same to the
National House of Chiefs for same to be inserted in the National House of
Chiefs Register of Chiefs. <o:p></o:p>On
19th February, he further averred, his particulars were inserted in the
National Register of Chiefs and that he was informed and believed this was done
after the Research Committee of the National House of Chiefs had approved of
the said particulars. <o:p></o:p>According
to the affidavit, his name was subsequently removed on the ground that the
approval by the Research Committee had not gone to the Standing Committee and
the full house of the National House of Chiefs before the insertion. <o:p></o:p>Contending
that the insertion of names in the National Register is a mere formality and
administrative, he averred that his name should not have been removed from the
Register, as he was still the chief of Takoradi. Thus his prayer to the court
below for an order to compel the House to re-insert his name. <o:p></o:p>Attached
to the motion paper and affidavit are Exhibits "A" and "B",
Extracts from the National Register of Chiefs and letter from the National
House of Chiefs headed — Cancellation of Extracts Nana Akosua Mfrasie II and
Osahene Katakyi Bosomakora III respectively. <o:p></o:p>In
the affidavit in opposition, the averments contained in the Applicant's
affidavit were not in substance denied. The insertion of Applicant's name and
subsequent cancellation were admitted except that the Deponent, F.E. Nuamah,
Registrar of the National House of Chiefs denied that insertion of names in the
National House of Chiefs is a mere formality and administrative. <o:p></o:p>In
further denial, he averred that the National House of Chiefs has established
and operates a procedure for the registration of chiefs in compliance with Art
270(3)(b) of the 1992 Constitution. That in accordance with the procedure so
established, where there is a case pending in respect of a stool, no person
shall be registered as chief of that stool until the final determination of the
case. <o:p></o:p>The
Deponent averred that he was not in a position to admit or deny that the
Applicant was enstooled as Ohene of Takoradi and was indeed the Ohene of
Takoradi as at the time he (Applicant) deposed that fact. <o:p></o:p>He
however denied that there is no legal impediment to the registration of the
Applicant as chief of Takoradi in that the case pending at the Ahanta
Traditional council is one such legal impediment. <o:p></o:p>The
Applicant filed a supplementary affidavit on 17/8/04 to which he attached a
letter from Ah</main>