REPUBLIC V. KOMENDA TRADITIONAL COUNCIL AND ANOTHER; EX PARTE PRAH II

OSEI-HWERE J.: Kwesi Essiah, the plaintiff, issued a writ against Nana Kweku Prah II, the defendant, for a declaration that his purported destoolment as the Ebusuapanyin of the Nsona Stool Family of Dominase by the defendant is null and void. The action was commenced before the judicial committee of the Komenda Traditional Council and it was pending there as a part-heard suit, when the defendant, the applicant herein, brought the instant motion seeking an order of prohibition to stop the judicial committee of the Komenda Traditional Council from further hearing the suit. The ground on which the relief is sought (as amended) is stated as:

“The subject-matter of the suit not being a matter of constitutional nature within the meaning of section 66 of the Chieftaincy Act, 1971 (Act 370), the council cannot invoke the provisions of section 28 (1) as on attached writ of summons.”

The main argument of the applicant’s counsel is that the plaintiff, Kwesi Essiah (hereinafter to be referred to as…