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REPUBLIC V. VE TRADITIONAL COUNCIL; EX PARTE ATSU

(1968) JELR 82570 (HC)

High Court  •  16 Sep 1968  •  Ghana

Coram
KINGSLEY-NYINAH J.

Appearances
I.N.K.Wuaku for the applicant. F.T.C. Amorin for the plaintiff

Judgement
<p style="text-align: justify;"><strong>KINGSLEY - NYINAH J.</strong></p><p style="text-align: justify;">This is a cause in which the defendant-applicant (hereafter called the applicant) has sued for an order for certiorari on the following grounds:</p><blockquote><p style="text-align: justify;">(i) Want of jurisdiction; </p><p style="text-align: justify;">(ii) Breach of natural justice; and </p><p style="text-align: justify;">(iii) Bias of interest.</p></blockquote><p style="text-align: justify;">The order is sought against the Ve Traditional Council described as &quot;Arbitrary Court of Togbe Delume VI of Ve Traditional Area,&quot; to quash its proceedings of 3 December 1966, in a matter which involved the applicant for certiorari as defendant, and the respondent herein as plaintiff.</p><p style="text-align: justify;">Supporting his application for certiorari, the applicant (now deceased), swore to an affidavit, in paragraph (6) whereof he made the following averment:</p><blockquote><p style="text-align: justify;"><strong><em>&quot;when the council met and proceeded to hear and determine the matter of difference between the plaintiff and myself, the council sat as a traditional council and therefore had no jurisdiction to entertain the matter despite the erroneous description of its deliberations as &#x27;Arbitrary Court of Togbe Delume VI of Ve…</em></strong></p></blockquote>

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