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REPUBLIC V. ASHANTI REGIONAL HOUSE OF CHIEFS; EX PARTE KODUAH III AND OTHERS

(1989) JELR 68045 (SC)

Supreme Court  •  12 Dec 1989  •  Ghana

Coram
AMPIAH JA,LAMPTEY JA,ESSIEM J.A

Judgement

AMPIAH J.A.: On 17 November 1988, the appellant-applicants herein applied to the High Court, Kumasi for the issuance of a writ of prohibition to prohibit the judicial committee of the Ashanti Regional House of Chiefs from proceeding to give judgment in the case “Nana Osei Kodua III and Others v. Barima Asumadu-Sekyi II, Kumawuhene.” This was after leave had been granted him earlier. The applicants’ complaint against the judicial committee was that the committee as constituted was unlawful and therefore had no jurisdiction to deliver an intended judgment, and also that there was a likelihood of bias. On 29 May 1989 the High Court refused the application. The applicants filed an appeal against the ruling. On 30 May 1989 the applicants filed a motion in the High Court for “a stay of proceedings in the chieftaincy tribunal relating to the above-matter pending the hearing and determination by the Court of Appeal of the appeal filed . . .” On 15 August 1989 the court refused to stay the pro…

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