THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS AND ANOTHER EX PARTE AWULAE NEBA KWAW III [2012]DLCA3620

THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS AND ANOTHER EX PARTE AWULAE NEBA KWAW... [2012]DLCA3620

Date	2012-12-20
Suit No.	SUIT NO. H1/111/2007
Citation No.	[2012]DLCA3620

MARFUL-SAU J.A. (PRESIDING)

ADJEI J.A.

ACKAH-YENSU J.A.

MR. K.O. AMPONSAH DADZIE ESQ. WITH HIM ROLAND HAMILTON ESQ.

FOR THE APPLICANT/APPELLANT

MRS. CYNTHIA OPARE FOR THE RESPONDENT/APPELLANT

[2012]DLCA3620
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>NATIONAL HOUSE OF
CHIEFS AND ANOTHER<o:p></o:p>EX PARTE AWULAE NEBA KWAW&nbsp;&nbsp;
III&nbsp;&nbsp;&nbsp; <o:p></o:p>&nbsp;[COURT OF APPEAL, CAPE
COAST]<span style="font-size:
10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
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SUIT
NO. H1/111<span style="font-size:10.0pt;line-height:115%;font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;mso-fareast-theme-font:
minor-fareast;mso-bidi-font-family:Tahoma">/2007&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 20<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-fareast-theme-font:minor-fareast;
mso-bidi-font-family:Tahoma">TH<span style="font-size:10.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
&quot;Times New Roman&quot;;mso-fareast-theme-font:minor-fareast;mso-bidi-font-family:
Tahoma"> DECEMBER, 2012<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
K.O. AMPONSAH DADZIE ESQ. WITH HIM ROLAND HAMILTON ESQ. FOR THE
APPLICANT/APPELLANT<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">

MRS. CYNTHIA OPARE FOR THE
RESPONDENT/APPELLANT<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 1.0pt 0in">

MARFUL-SAU, J.A. (PRESIDING), ADJEI,
J.A. AND ACKAH-YENSU, J.A.<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;
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JUDGMENT<o:p></o:p>

</div>DENNIS
ADJEI, J.A:<o:p></o:p>The Applicant/Appellant herein
(hereafter called the Appellant) who was dissatisfied&nbsp; with the&nbsp;
judgment&nbsp; delivered by the High
Court Sekondi on 26th January, 2010 filed a notice of appeal&nbsp; against the judgment&nbsp; on 21st April, 2010. His main
prayer was for an order to reverse the said judgment of the High Court, Sekondi
and enter judgment in his favour.<o:p></o:p>The brief facts of the matter were
that the Appellant was nominated, elected, selected and installed as the Paramount
Chief of Upper Axim in the Western Region on 22nd December 1984. He was
subsequently gazzetted by the National House of Chiefs on 5th June
1992. After the nomination, election, selection and installation of the appellant,
one ebusuapanyin Kojo Assabil filed a petition at the Judicial Committee of the
Western Region House of Chiefs to challenge the said nomination, election and
installation of the Appellant. The suit which was filed on 20th December,
1984 was against the Appellant herein and one Amo&nbsp; Mieza of Axim. On 20th November
1986 the Judicial Committee of the Western Region House of Chiefs ruled against
the Appellant herein that his election, nomination and installation were
nullity. He filed a motion to set aside the ruling but same was dismissed on 14th
March, 1989. On 16th March, 1989 he filed an appeal against the
decision which refused to set aside the ruling delivered on 20th
November, 1986. The appellant did not appeal against the decision declaring his
election, nomination and installation null and void but he appealed against the
ruling which dismissed his application to set aside the decision delivered on
20th November, 1986. An application to compel the National House of Chiefs
to delete the name of the appellant herein from the Register of the National
House of Chiefs was dismissed by the High Court on 20th December,
1994. When it came to the notice of the appellant that his name had been
subsequently deleted from the register of the National House of Chiefs on 30th
January, 2009, he filed an application at the High Court for an order of
judicial review in the nature of certiorari, prohibition and mandamus against
the Respondents herein. The certiorari was to quash the decision of the
Research&nbsp;&nbsp; committee of the National
House of Chiefs which &nbsp;deleted his
name&nbsp; from the&nbsp; register of the&nbsp; House of Chiefs&nbsp; and the&nbsp;
mandamus &nbsp;was to&nbsp; compel the&nbsp;
National House of Chiefs&nbsp; to
restore his name into the register of the&nbsp;
National House of Chiefs. This was refused by the High Court and which
has brought about the instant appeal. The Notice of appeal has two main grounds
of appeal namely:<o:p></o:p>“(i) The legal&nbsp; effect&nbsp;
of the Appellants appeal pending&nbsp;
before the National House of Chiefs was lost on the trial&nbsp;&nbsp; learned Judge and<o:p></o:p>(ii) The Ruling is
against the weight of evidence on record”.<o:p></o:p>&nbsp;
The Respondent/Respondent and the interested party/Respondent were given
the opportunity to contest the appeal but they did not file their respective
written submission in answer. The respondents by Rule 20 (8) of the Court of
Appeal rules, 1997, C.I.&nbsp; 19 cannot be
heard except as to the question of cost. Rule 20 (8) of C.I. 19 provides as
follows:<o:p></o:p>“Where a respondent does not file a
written&nbsp; submission&nbsp; and does not agree to make a joint
written&nbsp; submission under this rule, the
respondent shall not ne heard at the hearing of the appeal except as to the
question of cost”.<o:p></o:p><o:p>&nbsp;</o:p>I will address both grounds of
appeal together. The appellant was destooled by the Judicial Committee of the
Western Region House of Chiefs on 20th November, 1986. The judicial
committee of the Western Region House of Chiefs held that his election,
nomination, and installation were nullity. He did not appeal against the
decision. He later on filed a motion to set aside the decision which declared
his election, nomination and installation a nullity but same was dismissed on
14th March 1989.&nbsp; The appeal
which is pending is not against the decision which declared his elect</main>