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THE REPUBLIC V. THE ARBITRATION COMMITTEE OF MAMPONG GYASE COUNCIL EX-PARTE: OPANIN KOFI TWUMASI

(2008) JELR 65955 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/210/2007  •  24 Jul 2008  •  Ghana

Coram
OWUSU J.S.C. [PRESIDING], ANIN YEBOAH J.S.C., BAFFOE-BONNIE J.S.C

Appearances
MR. DENNIS ADJEI FOR THE APPELLANT/APPLICANT ,MR. SARFO GYAMFI FOR THE RESPONDENT

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>ANIN-YEBOAH, J.S.C.</strong></p><p>This is an appeal from the High Court, Kumasi in which the trial judge refused to grant an application for the prerogative writ of certiorari to quash the proceedings of the Arbitration Committee of Mampong Gyase Council. The appellant on 10/06/2004 filed a motion ex-parte for leave to commence proceedings by way of prerogative writ of certiorari. The basis for the application [which was subsequently fought on affidavits] appear to be simple and uncontroverted. The appellants, in the affidavit deposed to the fact that his family had been occupying the Kontre stool of Ejura within the Mampong Traditional Area. According to him, whenever the said stool is vacant as a result of abdication, death or destoolment of the occupant, it is the prerogative of himself [as head of family] the queen mother and Odikro of Bonyon to nominate a member of the royal family to occupy the stool. He deposed further that upon the abdication of the occupant of the Kontre stool of Ej…</p>

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