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REPUBLIC V. GA TRADITIONAL COUNCIL AND ANOTHER; EX PARTE DAMANLEY

(1979) JELR 63567 (HC)

High Court  •  26 Sep 1979  •  Ghana

Coram
MENSA BOISON J.

Judgement

MENSA BOISON J.: The applicant, chief Alhaji Adamu Damanley, by counsel moves for an order of certiorari to quash certain proceedings and decision of the Ga Traditional Council. The said proceedings and decision dated finally on 3 August 1978, are exhibited in these proceedings, and marked AD5. In substance the decision adjudges and recommends that the second respondent, chief Lebbo Baako, be the recognised chief of Sabon Zongo, as opposed to the applicant. Exhibit AD5 is in fact proceedings before what has been described as an arbitration committee.

The facts upon which the application is founded are contained in the statement supporting the application, and not in the ostensible affidavit of the applicant. This departure from the practice as laid under Order 59, r. 2 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), has been aggressively attacked. Those objections, being a pivot of the respondent’s reply, I shall consider later. For the present the facts, may be briefl…

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