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REPUBLIC V. HIGH COURT, KUMASI AND OTHERS; EX PARTE FOSUHENE

(1990) JELR 68126 (SC)

Supreme Court  •  25 Apr 1990  •  Ghana

Coram
SOWAH C.J.,ADADE JSC,FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI J.S.C.

Appearances
W.A.N. ADUMUA-BOSSMAN FOR THE APPLICANT; ADDO ATUA FOR TOTOE FOR THE RESPONDENTS.

Judgement

FRANCOIS J.S.C.

This application for certiorari to quash the ruling of the High Court, Kumasi is an off-shoot of a long ding-dong chieftaincy tussle affecting the applicant, the Adansi stool and its elders — the respondents.

The applicant is no stranger to this court. His attempt to acquire recognition as a chief of Adansi, by the fiat of this court on technical grounds, and the legal challenges this provoked, led to his initial acquaintance with the supreme Court. That suit was remitted to the appropriate chieftaincy tribunal for early trial on the merits. The present application illustrates the chequered course that suit took and the peripheral hurdles which have prevented its early resolution. The applicant, it must also be recorded, acquired a further measure of notice with an application for review, whose refusal on legal grounds, helped in the formulation of tests for the exercise of our newly found review jurisdiction.

It has been necessary to recall these matters to address the r…

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