THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS AND THE BRONG-AHAFO REGIONAL HOUSE OF CHIEFS [2017]DLSC2606

THE REPUBLIC vs. THE NATIONAL HOUSE OF CHIEFS AND THE BRONG-AHAFO REGIONAL HOUSE... [2017]DLSC2606

Date	2017-06-15
Suit No.	CIVIL APPEAL NO. J8/81/2017
Citation No.	[2017]DLSC2606

PWAMANG JSC SITTING AS A SINGLE JUDGE

OSMAN ALHASSAN FOR THE 2ND INTERESTED PARTY/APPELLANT/APPELLANT/ APPLICANT.

FREMPONG BOAMAH FOR THE APPLICANTS/RESPONDENTS/RESPONDENTS/ RESPONDENTS AND 1ST INTERESTED PARTY/RESPONDENT/RESPONDENT.

[2017]DLSC2606
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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 AND THE BRONG-AHAFO REGIONAL HOUSE OF CHIEFS<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<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">

CIVIL APPEAL NO. J8/81/2017&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:
15TH JUNE, 2017<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>OSMAN
ALHASSAN FOR THE 2ND INTERESTED PARTY/APPELLANT/APPELLANT/
APPLICANT.<o:p></o:p>FREMPONG
BOAMAH FOR THE APPLICANTS/RESPONDENTS/RESPONDENTS/<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">

RESPONDENTS
AND 1ST INTERESTED PARTY/RESPONDENT/RESPONDENT.<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;
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PWAMANG, JSC SITTING AS A SINGLE JUDGE<o:p></o:p>

</div>PWAMANG, JSC.<o:p></o:p>The respondents to the application before me are
chiefs of the towns of Tuobodom, Tanoso, Kenyasi No.1 and Tanoboase in the
Brong-Ahafo Region and members of the Asanteman Council. They made efforts to
get their names onto the National Register of Chiefs as paramount chiefs of
their respective areas but met challenges including opposition by the applicant
herein. The respondents therefore filed a motion in the High Court, Kumasi
against the National House of Chiefs and the Brong-Ahafo Regional House of
Chiefs for judicial review in the nature of mandamus and prayed the court for
an order for their names to be entered in the National Register of Chiefs as
paramount chiefs. They added the Asanteman Council as an Interested Party. The
applicant herein applied and was joined by the High Court to the Mandamus
application as 2nd Interested Party. From the ruling of the High Court which
has been exhibited, the application for mandamus was supported by the Asanteman
Council but opposed by the 2nd respondent and the 2nd Interested Party who filed
affidavits in opposition and were represented by the same lawyer. From the
processes before me, though it was on 29th November,2010 that the High Court,
gave a reasoned ruling granting the application, the formal order of Mandamus
is dated 22nd November, 2010. The relevant part of the order is as follows;<o:p></o:p>"IT
IS HEREBY ORDERED that the respondents herein enter the names of the applicants
herein in the register of the National House of Chiefs as paramount chiefs of
Tanoboase Traditional Council/Area, Tanoso Traditional Council/Area, Kenyasi
No. 1 Traditional Council/Area and Tuobodom Traditional Council/Area
respectively."<o:p></o:p>Being aggrieved by the decision of the High Court,
the respondents and the 2nd Interested Party all appealed against it to the
Court of Appeal and followed up with an application for stay of execution but
same was refused by the High Court. Thereafter, the respondents herein got
their names entered in the National Register of Chiefs, extracts from which
have been exhibited to their affidavit in opposition as exhibits 'B1', 'B2',
'B3' and 'B4'. From the exhibits, the respondents’ names were entered under
Ashanti Region and not Brong-Ahafo Region. When the Court of Appeal came to
determine the substantive appeal, they held as follows in their judgment dated
16 th July, 2015;<o:p></o:p>"...the
respondents went ahead and inserted or entered the names of the applicants in
the National Register of Chiefs. It is our considered opinion that the issue of
whether or not the names of the applicants should be inserted or entered in the
Registers of the National House of Chiefs and the Brong Ahafo Regional House of
Chiefs is dead and buried and is no more a live issue worth a determination of
this court.....the court will not countenance an issue that is moot and is not
most likely to re-occur. For these reasons the appeal is struck out as being
moot, dead and buried."<o:p></o:p>Notwithstanding the good intentions with which the
Court of Appeal may have made their prediction that the issue will not re-occur,
it has refused to go away. Ten days after their decision, an appeal against it
was filed in the Supreme Court. Nonetheless, with the striking out of the
appeal in the Court of Appeal, the respondents have been urging the Brong-Ahafo
Regional House of Chiefs to administer to them the appropriate oath to make
them members of that house but the applicant filed a number of motions to
prevent them from being admitted. Applicant has now brought this application
for an order of interlocutory injunction pending appeal restraining the
respondents from;<o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
further
enforcing the judgment and order of Mandamus of the High Court, <o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
holding
themselves out and acting as paramount chiefs, <o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;">iii.