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THE REPUBLIC V. THE JUDICIAL COMMITTEE OF THE BREMAN ASIKUMA TRADIOTIONAL COUNCIL EX PARTE; EBUSUAPANYIN KOW HINSON

(2014) JELR 64526 (CA)

Court of Appeal  •  CIVIL APPEAL NO. HI/04/14  •  15 Jan 2014  •  Ghana

Coram
HONYENUGA J.A. (PRESIDING), ADJEI, J.A., ACKAH-YENSU (MS) J.A.

Appearances
MISS BERTHA SMITH FOR THE APPELLANTS, MR. S. N. ADJEI FOR THE REPONDENTS

Judgement

HONYENUGA, J.A.

This is an appeal against the Ruling of the High Court, Cape Coast dated the 31st day of March 2010. The said court dismissed an application for judicial review in the nature of certiorari to quash the decision of the Judicial Committee of the Breman Asikuma Traditional Council and to prohibit it from further proceeding to hear a Chieftaincy petition between the parties.

The facts of this appeal are that there were two actions filed before the Breman Asikuma Traditional Council. The first action was entitled:-

(1) Ebusuapanyin Kofi Etsiako and Ors. V. Ebusuapanyin Kwao Baffoe and Ors.

(2) Ebusuapanyin Obodae Adjei and Ors. V. Ebusuapanyin Kow Hinson and Mr. Lindsay

In the first suit, the reliefs sought by the interested parties include a Declaration that:

“a) that the stool of Amanfopong belong to the two sections of Breman Asikuma and Saltpond.

b) Both sections are entitled to ascend to the Amanfopong stool”.

While the proceedings were pending before the said Traditional Coun…

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