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THE REPUBLIC V. KUMASI TRADITIONAL COUNCIL EX PARTE ABUSUAPANIN OWUSU AFRAM AND NANA MENSAH BONSU

(2017) JELR 64903 (CA)

Court of Appeal  •  CIVIL MOTION NO. H1/17/2016  •  17 Jan 2017  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO, (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Judgement

AYEBI, JA

1. On 22nd December 2014, the applicant/appellant filed a motion on notice for an order of judicial review by way of mandamus requiring “the Respondent Traditional Council within a time to be fixed herein to appoint and arrange to be sworn in, 5 of its members as Judicial Committee Members, and promptly publicize notice of the establishment of a Judicial Committee by sections 29 and 15(5) of the Chieftaincy Act, 2008 (Act 759) and by Regulations 2 and 3 of L.I. 798/1972 (The Traditional Councils Regulations); And for such further or other order or orders as to the court may appear just or proper”. The applicant/appellant joined the Kaasehene Nana Mensah Bonsu to the application as an Interested Party.

2. The background to this application for Judicial Review is as follows: the applicant/appellant claimed to be the head of the Aduana family of Kaase. It is from this family that Kaasehene and Kaasehemaa are installed since time immemorial. That late Kaasehene Nana Owusu Ababio w…

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