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EKU ALIAS CONDUA III v. ACQUAAH

(1968) JELR 81007 (CA)

Court of Appeal  •  4 Mar 1968  •  Ghana

Coram
AZU CRABBE, APALOO AND LASSEY JJ.A.

Judgement

CRABBE J.A.

This is an appeal against a decision of Djabanor J. refusing an application for an order of certiorari to remove into the High Court for the purpose of quashing the proceedings and judgment of the Shama State Council dated 19 April 1958 and 3 May 1958, and also the decision of the Appeal Commissioner dated 3 March 1961.

This case has had a very chequered history in our courts, and the facts of the events which culminated into this appeal may be briefly stated: The appellant and the respondent are both members of the fishing community of Aboasi (also referred to as Aboadzie), a village in the Shama State in the Western Region of Ghana. In 1958 a dispute arose between the parties as to the headship of this fishing community, and as to the right to collect tolls from the fishermen who constituted that community. The appellant commenced an action in the High Court, Sekondi, for the determination of the dispute, but the respondent raised an objection to the jurisdiction of the H…

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