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REPUBLIC V. HIGH COURT, KOFORIDUA; EX PARTE BEDIAKO II

(1997) JELR 68178 (SC)

Supreme Court  •  23 Jul 1997  •  Ghana

Coram
AIKINS JSC, CHARLES HAYFRON-BENJAMIN JSC, ADJABENG JSC, AMUAH JSC,AKUFFO JSC

Judgement


AIKINS JSC. 

In this cause the applicant is asking for certiorari to bring up and quash the decision of the High Court, Koforidua dated 18 July 1996. The plaint of the applicant is that the High Court judge usurped the jurisdiction of the Akyem Abuakwa Traditional Council when he proceeded to hear and determine the question whether Nana Agyabeng II was a chief or not, and that the judge lacked jurisdiction to determine the issue because it concerns a cause or matter affecting chieftaincy. Nana Agyabeng II had been elected and installed as chief of Soabe in November 1989. According to him, the applicant had received the customary amount of ¢70,000 from him, and he then swore the oath of allegiance to the applicant who in turn swore the oath to him (the chief). In paragraphs (3), (4), (5), (7), and (8) of his affidavit in support of his application the applicant averred:

“(3) That his installation was not completed as he did not swear the oath of allegiance to me.
(4) That the said odikr…

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