NANA KWAKU LANTA V V. NATIONAL HOUSE OF CHIEFS & 4 ORS

RULING

Dr. Poku Adusei, J.A.

At the threshold in the trial of this case, this Court considered it expedient to determine the issue whether or not the case fell within the genre of matters that affect chieftaincy. The position of the law is that the High Court lacks jurisdiction in a cause or matter affecting chieftaincy. And disputations about the jurisdiction of a court if not determined at the threshold could affect the very foundation of a decision delivered by that court and same declared null and void.

In this vein, section 57 of the Courts Act, 1993 (Act 459) provides:

“Subject to the provisions of the Constitution, the Court of Appeal, the High Court, a Regional Tribunal, a Circuit Court and a District Court shall not have jurisdiction to entertain either at first instance or on appeal any cause or matter affecting chieftaincy.”

Under section 117 of Act 459, the phrase ‘cause or matter affecting chieftaincy’ is defined to mean any cause, matter, question or dispute relating to:

“(a) …