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IN RE MOSHIEHENE OF KUMASI; ABDULRAHMAN V. ABUBAKARI

(2000) JELR 68248 (SC)

Supreme Court  •  15 Dec 2000  •  Ghana

Coram
EDWARD WIREDU JSC,BAMFORD-ADDO JSC,AMPIAH JSC,ADJABENG JSC,ACQUAH JSC,ATUGUBA JSC,AKUFFO JSC

Judgement

EDWARD WIREDU JSC.

I have had the privilege of reading before hand the able and learned opinion about to be read by my brother Acquah JSC in this case—being an application for a review of the majority decision of this court given on 13 May 1998. I concur in both his reasoning and conclusion.

Article 277 of the Constitution, 1992 defines a “chief “as follows:

“277. In this Chapter unless the context otherwise requires, a ‘chief ‘ means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.”

(The emphasis is mine.)

And in the celebrated case of Mosi v. Bagyina [1963] 1 GLR 337, SC the Supreme Court held, as stated in holding (4) of the headnote as follows:

“(4) Where a judgment or an order is void either because it is given or made without jurisdiction or because it is not warranted by any law or rule or procedure, t…

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