REPUBLIC V. TECHIMAN TRADITIONAL COUNCIL; EX PARTE TUTU

COUSSEY J.A.: This is an appeal from the ruling of the High Court, Sunyani. The main ground argued by the appellant was that “on the affidavits filed by the parties it is clear that Tanoso is not within the Techiman Traditional Council and the High Court erred in holding the contrary.”

It is the law that where there is no jurisdiction proceedings are void: see Sarn v. Buadom (1922) F.C. ‘22, 24. The facts in this matter are simple. The respondents brought an action against the appellant who is the queenmother of Tanoso before the Techiman Traditional Council. The competency of the forum to try her was raised, but it was overruled and the said Techiman Traditional Council went into the matter and gave judgment to the effect that the appellant was guilty of all the charges preferred against her, and ordered that she should surrender her stool and the stool paraphernalia to her kingmakers.

The appellant moved the High Court, Sunyani, for an order of certiorari to quash the proceedings incl…