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THE REPUBLIC V. HIGH COURT, ACCRA EX-PARTE THE ADA TRADITIONAL COUNCIL AND ANOTHER

(2016) JELR 65020 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/48/2015  •  17 Feb 2016  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), ADINYIRA (MRS) JSC, YEBOAH JSC, BENIN JSC, AKAMBA JSC

Judgement

ATUGUBA, JSC:

FACTS

The Applicant moves this court “for an order of certiorari directed at the High Court, Accra to bring forth and to be quashed the Ruling of the Court presided over by Her Ladyship Justice Barbara Ward Acquah (Mrs.), on the ground that the High Court erred in exercising jurisdiction over the Ada Traditional Council, it not being its judicial committee.

The crux of this matter is that the Kabiawetsu clan of Big Ada, allegedly nominated and installed Nomo Jonathan Dzabeku Abodoadzi as the Divisional Chief (Wetsoyi) in succession to the last deceased Wetsoyi of the said clan. The applicant, the Ada Traditional Council was notified of this installation and a date was fixed for the presentation of the new Wetsoyi to it, but the event was postponed. However on the 7th day of January 2013, the applicant rather had one Haruna Ocansey presented to it as the new Wetsoyi.

Aggrieved, the Interested Party successfully applied and quashed the decision of the Ada Traditional Council b…

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