OWUSU (MS), JSC
This appeal touches on the Jurisdiction of the High Court with regard to the reliefs claimed by the Plaintiff/Appellant/Appellant on his writ of summons issued on 2nd day of March 2001.
By the writ of summons the plaintiff who described himself in the statement of claim as the “Mantse” of Nungua in the Ga Traditional Area, sought the following declarations –
(i) “That E. I. 18” Nungua Chieftaincy Affairs (Nii Odai Ayiku IV) (prohibition) Instrument 1983 E. I. 18 is null and void having been based on facts which are untrue.”
(ii) That E. I. 18 cannot operate to “destool” the plaintiff without judicial process
(iii) That notwithstanding E. I. 18 the plaintiff is the lawfully enstooled Mantse of Nungua and entitled to exercise the functions appertaining to that status.”
The original Defendant was the Attorney-General representing the Republic of Ghana.
By a search conducted, it was revealed that even though the Attorney-General was served on 08-03-2001, he failed to e…