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IN exercise of the powers
conferred on the Commissioner
responsible for Chieftaincy
Affairs by section 62 of the
Chieftaincy Act, 1971 (Act 370)
these Regulations are made this
23rd day of December, 1972.
Regulation 1—Jurisdiction of the
Traditional Council.
(1) A Traditional Council
established under section 12 of
the Chieftaincy Act, 1971 (Act
370) shall have jurisdiction to
hear and determine any cause or
matter affecting chieftaincy which
arises within its area.
(2) The said jurisdiction shall
not include any cause or matter to
which the Asantehene or a
Paramount Chief is a party.
Regulation 2—Judicial Committee of
the Traditional Council.
The jurisdiction conferred on each
Traditional Council by section 15
of the Chieftaincy Act and these
regulations shall be exercised by
a judicial committee.
Regulation 3—Composition of the
Judicial Committee.
(1) A judicial committee shall be
appointed by a Traditional Council
and shall consist of five persons
all of whom shall be members of
that Council.
(2) A judicial committee shall
elect one of their number as
Chairman, who shall preside over
the committee.
(3) A judicial committee shall be
duly constituted for the despatch
of its business by not less than
three members thereof.
(4) The determination of any
question before the judicial
committee of a Traditional Council
shall be by simple majority.
Regulation 4—Commencement of
Action Before Traditional Council.
(1) An action may be commenced in
a Traditional Council in one of
the following manner;—
(a) by swearing a Chief's oath or
any other oath recognised within
the area of authority of a
Traditional Council;
(b) by writ in the Form set out in
the Second Schedule to these
Regulations to which the plaintiff
shall append his signature or
affix his thumbprint.
(c) by any other means recognised
by the customary law of a
particular locality.
(2) Where the action is commenced
by a writ, the writ shall set
forth as clearly as possible the
nature of the relief sought by the
plaintiff and shall state,
(a) the full name of the plaintiff
and the capacity in which he is
bringing the action;
(b) the address for service of the
plaintiff which shall be an
address for service;
(c) the names and addresses of all
parties who may be directly
affected by the action; and
(d) such other particulars as the
committee may from time to time
direct.
(3) The writ shall be accompanied
by a statement of the plaintiff's
case.
(4) The statement of the
plaintiffs case shall—
(a) set forth the facts and
particulars upon which the
plaintiff seeks to rely; and
(b) the names and particulars of
the witnesses, if any, whom he
intends to call at the hearing.
(5) A copy of the writ and a
statement of the plaintiff's case
shall be served on each of the
parties mentioned in the writ as
directly affected who shall be
deemed to be the defendants.
Regulation 5—Appearance and
Statement of the Defendant’s Case.
(1) A defendant upon whom a writ
and a statement of the plaintiff's
case are served shall, if he
wishes to contest the case, within
ten days of such service, or
within such time as the judicial
committee may upon terms direct,
file a statement of the
defendant's case which shall be
signed by the defendant.
(2) The statement of the
defendant's case shall—
(a) set forth the facts and
particulars upon which the
defendant seeks to rely; and
(b) the names and particulars of
the witnesses, if any, whom he
intends to call to the hearing.
Regulation 6—Hearing.
A
judicial committee may, after
receipt of the statement of the
defendant's case or where the
defendant does not file any
statement of defence, at the
expiration of the time within
which to file the statement of
defence, appoint a time at which
the parties shall appear before
the judicial committee for hearing
of the action.
Regulation 7—Evidence Etc., before
Judicial Committee.
(1) A judicial committee shall
exercise the jurisdiction
conferred upon it according to
customary law.
(2) A judicial committee may
receive in evidence any matter
(including hearsay) which
tends to prove or disprove any
fact relevant to the subject
matter before the committee.
(3) A judicial committee shall not
make any finding of fact or draw
any inference from any fact based
solely on hearsay evidence.
(4) A judicial committee shall in
every case deliver a written
judgment, ruling or opinion giving
reasons for arriving at its
decision.
(5) Where any member disagrees
with the majority decision
that member shall also deliver a
written judgment, ruling or
opinion giving reasons for
arriving at his decision.
(6) The Registrar of each
Traditional Council shall within
one month of a judicial committee
delivering judgment, ruling or
opinion send a certified true copy
of the judgment, ruling or opinion
as well as any dissenting opinion
to the Attorney-General.
Regulation 8—Parties and
Witnesses.
(1) The parties shall at the trial
call any witness of whom notice
has been given, and may with leave
of the judicial committee call any
other witness.
(2) A judicial committee may on
its own motion call any witness
whose evidence, in its opinion is
likely to assist the committee.
(3) Where a plaintiff fails to
appear at the time of trial the
judicial committee may strike out
the case.
(4) Where a defendant fails to
appear at the time of the trial
the judicial committee may, if it
thinks fit, proceed to hear the
case and give its decision.
(5) A judicial committee may
within 14 days set aside a
decision given in the absence of a
defendant if it is satisfied that
an application in that behalf is
upon good cause.
Regulation 9—Enforcement of
Judgements, Etc.
(1) A judicial committee may make
any award of a civil nature,
including awards to an injured
person in any cause or matter
affecting chieftaincy determined
by the judicial committee.
(2) A judicial committee shall
have no power to impose a fine or
sentence involving the
imprisonment of any person.
(3) Any person in favour of whom
an award or order has been made by
a judicial committee shall apply
to the Registrar of the
Traditional Council to effect the
enforcement of the award or order.
(4) The Registrar shall on receipt
of the application apply to the
District Court to enforce the
judgment or order.
(5) The Registrar shall in
forwarding the application to the
District Court attach to it a
certified true copy of the
judgment or order.
(6) The District Court shall on
receipt of the application and on
payment of the necessary fees by
the person in whose favour the
judgment or order was made effect
the execution.
Regulation 10—Ascertainment of
Customary Law.
(1) A judicial committee may apply
the provisions in sub-regulations
(2) and (3) of this regulation for
the purpose of ascertaining the
customary law in respect of any
proceeding before it.
(2) The committee shall, after
hearing the parties and their
witnesses as to the existence or
content of a rule of customary law
and before arriving at its
decision call any witness it
considers competent from the area
within which the parties come from
to give evidence in respect of
that particular rule or customary
law.
(3) The committee may also consult
such reported cases, textbooks and
other sources as it considers
appropriate.
Regulation 11—Security for Costs,
Etc., in Proceedings before the
Judicial Committee.
(1) A judicial committee may
require the applicant in
proceedings before it to give
security for costs of the
application.
(2) In every case determined by a
judicial committee the costs shall
be in the discretion of the
committee.
(3) For the purposes of the
recovery of costs, a certificate
of the committee setting forth the
particulars may be filed without
payment of any fee with the
District Court and when so filed
shall be accepted by that Court as
sufficient evidence of the facts
so certified and costs imposed
under this section may be taxed as
if imposed by the High Court.
Regulation 12—Obstruction of
Proceedings.
(1) Any person who in proceedings
before a judicial committee
and without lawful
excuse (proof of which shall be on
him)—
(a) fails when required by the
said committee to produce
or deliver up any
document, answer any question or
sign any document, or
(b) wilfully obstructs the
proceedings of the said committee
at any stage thereof shall be
guilty of an offence and shall, on
summary conviction be liable to a
fine not exceeding ¢200.00 or to a
term of imprisonment not exceeding
twelve months or to both.
(2) Where in the opinion of the
judicial committee an offence has
been committed under section 32 of
the Chieftaincy Act, 1971 (Act
370) or under this regulation the
Registrar of the Council shall
notify the District Magistrate of
the area.
(3) A District Magistrate to whom
any such matter as provided under
sub-regulation (2) of this
regulation has been referred shall
examine the offender and pronounce
judgment accordingly.
Regulation 13—General Provisions
Relating to Judicial Proceedings
before Traditional Council.
(1) In exercise of its judicial
powers a Traditional Council
shall have such powers, rights and
privileges as are vested in the
District Court or a Magistrate
thereof at a trial in respect of—
(a) enforcing the attendance of
witnesses and examining them on
oath, affirmation or otherwise,
(b) compelling the production of
documents.
(2) A member of any judicial
committee of a Traditional Council
shall not be liable to any action
or suit in respect of any matter
or thing done by him in the
performance of his functions under
these regulations.
(3) Any member of a judicial
committee of a Traditional Council
shall in relation to the exercise
of any function under the
Chieftaincy Act, 1971 (Act 370) or
these regulations be deemed to be
a public officer for the purposes
of the Criminal Code, 1960 (Act
29).
(4) A person who does anything in
relation to the exercise of the
judicial functions of a
Traditional Council which if done
in relation to the District Court
will constitute a contempt of that
court shall be guilty of contempt
of that Council.
(5) Where it appears to the
judicial committee that any person
has committed contempt of the
Traditional Council by which that
committee was appointed it shall
certify that fact to the High
Court and the High Court shall
after inquiring into the matter
take steps for the punishment of
the person in question if it is
satisfied that he is guilty of
contempt, and shall otherwise
acquit that person.
Regulation 14—Rules and Procedure
Relating to Judicial Proceedings
before Traditional Council.
(1) Subject to the provisions of
the Chieftaincy Act, 1971 (Act
370) and of these regulations a
Traditional Council shall in
accordance with the customary law
of the area make its own Rules and
Procedure to govern proceedings
before it.
(2) Such Rules and Procedure made
under sub-regulation (1) of this
regulation shall within one month
of the making thereof be sent to
the following persons for record
purposes—
(a) the Commissioner responsible
for Chieftaincy Matters,
(b) the Registrar of the House of
Chiefs of the area.
Regulation 15—Tribunal Record
Book.
There shall be kept by the
Registrar of a Traditional Council
a Tribunal Record Book in which
shall be recorded in the English
language the proceedings of the
judicial committee of that
Council.
Regulation 16—Fees.
(1) Every Traditional Council
shall determine its own scale of
fees.
(2) Such scale of fees determined
by a Traditional Council shall not
exceed the fees prescribed in the
First Schedule to these
regulations.
(3) A Traditional Council shall
within one month of the
determination of its scale of fees
forward copies to the Commissioner
responsible for Chieftaincy
Matters and the Registrar of the
Regional House of Chiefs for
record purposes.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
SCHEDULES
FIRST SCHEDULE
FEES
¢
(i)
Filing charges in respect of
destooling:
(a) a divisional chief .
. . . . . .
. . . . . . .
45.00
(b) any other chief . .
. . . . . . .
. . . . . 40.00
(ii) Initiating proceedings by
means of a chief’s oath (according
to
the particular chief’s oath) not
exceeding . . .
. . . . .
100.00
(iii) On arresting a swearer of an
oath . . . . .
. . . . .
3.00
(iv) Filing a writ to initiate
proceedings (other than
destoolment)
relating to the following matters:
(a) family stool. . .
. . . . . .
. . . . . . .
20.00
(b) chief’s stool other than
paramount stool . .
. . . . 30.00
(v) Filing complaint to initiate
proceedings against the
nomination, election and
installation of
(a) a divisional chief .
. . . . . .
. . . . . . .
45.00
(b) any other chief . .
. . . . . . .
. . . . . 40.00
(c) a family head .
. . . . . .
. . . . . .
. 20.00
(vi) Filing a statement of
defendant’s case or reply .
. . . . . 10.00
(vii) Filing motion (relating to
chieftaincy) not otherwise
provided
for in this Schedule . .
. . . . . . .
. . . . .
20.00
(viii) Application for certificate
of the order of a Tribunal .
. . . 10.00
(ix) Filing any document on any
exhibit. . . . .
. . . . .
5.00
(x) Serving a document on any
person . . . . .
. . . . .
.50
(xi) Mileage fees (per mile or
part of a mile each way). .
. . . . .10
(xii) Linguist fees when
accompanying a bailiff. . .
. . . . .
5.00
(xiii) Linguist fees after
judgement . . .
. . . . . .
. 10.00
(xiv) On summons to a witness .
. . . . . .
. . . . .
1.00
(xv) On filing motion for leave to
adduce fresh evidence or to
restore a case struck out or
dismissed . . .
. . . . . .
. 20.00
WITNESS ALLOWANCES
(i)
The Christian Clergymen, Imam,
Lawyers, and other professional
men, Licensed Surveyors, Bankers,
Merchants and Public Officers,
whose salary is ¢1,200.00 per
annum and over . . .
. . .
4.00
(ii) Mercantile Agents .
. . . . . .
. . . . . .
. 4.00
(iii) Public Officers whose salary
is ¢400.00 per annum but
less than ¢1,200.00 per
annum . . . .
. . . . . .
. . 2.00
(iv) Public Officers whose salary
is under ¢400.00 . . .
. . . 1.00
(v) Paramount Chiefs . .
. . . . . . .
. . . . .
5.00
(vi) Divisional Chiefs .
. . . . . .
. . . . . .
. 4.00
(vii) Other Chiefs .
. . . . . .
. . . . . .
. 3.00
(viii) Headmen and Linguists .
. . . . . .
. . . . .
2.00
(ix) Auctioneer, Photographer,
Tailors, Goldsmiths, Traders
and Clerks . . .
. . . . . .
. . . . . . .
2.00
(x) Queenmother of Paramount
Stool . . . . .
. . . . .
3.00
(xi) Queenmother of Ohene
Stool . . . .
. . . . . .
2.00
(xii) Other Queenmothers
. . . . . . .
. . . . .
1.00
(xiii) Artisans and Tradesmen
. . . . . . .
. . . . .
.50
(xiv) Any person not included
under any of the above classes.
. . .
Such sum as
the judicial committee shall deem
fit.
SECOND SCHEDULE
Form 1
CHIEFTAINCY ACT, 1971 (ACT 370)
WRIT TO INITIATE CHIEFTAINCY
PROCEEDINGS
IN THE JUDICIAL COMMITTEE
OF….......………………….. TRADITIONAL
COUNCIL
{………………………………………………………………………
Plaintiff
Between
{
and
{……………………………….......…………………………………
Defendant
To………………………………………………………………………..Defendant
herein.
You are hereby commanded to attend
before the Judicial Committee of
…………………………… Traditional Council
at…………….. on (Monday) the………. day
of……………………….19……, at the hour
of………………………………in the
………………………….noon, to answer a claim
by……………………………………..
Plaintiff herein against you.
The Plaintiff claims:—
Issued at………………….…..on (Monday)
the…………day of…………. .19…………
Fees
Writ
¢…………………………
Mileage
…………………………
Service
………………………….
………………………………………………….Registrar
……………………………………...Traditional
Council
Take notice that if you do not
attend, the Judicial Committee of
the ……………………………………………Traditional
Council may give judgment in your
absence.
CERTIFICATE OF SERVICE
Upon the…………………………………… day
of……………………….19 ….., this Writ was
served by me on …………………………….the
Defendant herein
at………….................
Date………………………………….
…………………..
Bailiff
Form 2
CHIEFTAINCY ACT, 1971 (ACT 370)
IN THE JUDICIAL COMMITTEE
OF…………………..TRADITIONAL COUNCIL
SUBPOENA
(Regulation 13 (1) (a), (b))
{………………………………………………………………………
Plaintiff/Complainant
Between
{
and
{……………………………….......…………………………………
Defendant
to……………………………………………….
of………………………………………..
You are hereby commanded in the
name of the President of the
…………….........................................................………………………………………………………..Traditional
Council to attend before the
Judicial Committee of the said
Traditional Council
at……………………………….on (Monday)
the………………………………day of………………
19………at the hour of ………… in
the………………………………...noon, and so
from day to day until the above
cause or matter is tried, to give
evidence on behalf of the
Plaintiff/Defendant* and also to
bring with you and produce at the
time and place aforesaid (here
specify the documents to be
produced).
Issued at…………………on (Monday)
the……………….. day of ……………19…
Fees:
Subpoena ¢………………………….
Mileage ¢……………………………
Service ¢…………………………….
…..……………………………………..Registrar,
……………………………..Traditional Council
CERTIFICATE OF SERVICE
Upon the……………………………….. day
of………………………….19……….this summons
was served by me
on……………………………………………..witness
herein.
Date………………………………………….
……………………...
Bailiff
__________________
•Delete if witness is not required
to produce any document.
Form 3
CHIEFTAINCY ACT, 1971 (ACT 370)
IN THE JUDICIAL COMMITTEE
OF…………………….. TRADITIONAL COUNCIL
Warrant where Witness has not
obeyed Subpoena (Regulation 13
(1))
{………………………………………………………………………
Plaintiff/Complainant
Between
{
and
{……………………………….......…………………………………
Defendant
To……………………………………………………… Bailiff of
the …………………… Traditional Council.
WHEREAS
……………………………………………………...................................
was summoned to appear
(Name of person)
before the Judicial Committee of
…………………………………………….Traditional
Council at ………………………………………………..on
(Monday) the……………. day
of…………………………………….19………… at the
hour of………………… in the…………….noon,
and so from day to day until the
above cause or matter is tried, to
give evidence on behalf of the
Plaintiff/Defendant; but he has
not appeared according to the
summons, and has not excused
his/her failure.
NOW, THEREFORE, you are here by
commanded to apprehend and to
bring
and to have the said
………………………………………………………………… before
(Name of person)
the Judicial Committee of
the…………………………………………………Traditional
Council at………………………………………. on
(Monday) the…………………… day of
..........................................................19…….at
the hour of …………………… in the
…………………………………………… noon.
Issued at……………………………………………….on
(Monday) the………………….
day of ……………………………….19………
………………………………
President
……………………………………………………………………….Traditional
Council
Gazette Notification: 5th January,
1973.
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