Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ABUSUAPANYIN KWABENA FRIMPONG v. OPANIN KOFI AMOAKO

2018

COURT OF APPEAL

GHANA

CORAM

  • K. A. ACQUAYE JA (PRESIDING)
  • S. K. GYAN JA
  • M. M. AGYEMANG (MRS.) JA

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

The Court of Appeal, per Mabel M. Agyemang, JA, reviewed an appeal from the Circuit Court, Koforidua, which had struck out a suit as a matter affecting chieftaincy. The plaintiff, Abusuapanyin of the Nana Anima lineage of the Agona Royal Stool at Akyem Hweakwae, challenged the defendant’s act of causing the Registrar of the Akyem Kotoku Traditional Council at Akyem Oda to issue an installation notice announcing him as Abusuapanyin, alleging fraudulent invocation of Section 62(2) of the Chieftaincy Act, 2008 (Act 759). The defendant claimed appointment by the community and raised estoppel and laches. Applying Sections 76 and 57(1), the Court held that only matters concerning 'chiefs' fall within chieftaincy jurisdiction, and an Abusuapanyin is not a chief. Section 62 applies to chiefs and queenmothers; the Registrar lacked authority to issue installation notices for a family head. The appeal was allowed, the striking-out set aside, and the case remitted for hearing.

JUDGMENT