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
- Constitutional Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Plaintiff, representing a royal stool lineage, sued Defendant for fraudulent installation as Abusuapanyin. Trial court dismissed the case, ruling it was a chieftaincy matter, which falls under the Supreme Court's jurisdiction. Plaintiff appealed. The appellate court found that the trial court erred in its decision, as the matter did not concern chieftaincy as per the Chieftaincy Act. The appeal was allowed, and the case was remitted for trial.
AGYEMANG, JA:
In this appeal against the ruling of the Circuit Court, Koforidua, delivered on the 3rdday of August 2015, the plaintiff/appellant, hereafter referred to as the appellant, seeks a setting aside of the ruling of the court and seeking in its place a retrial by the Circuit Court differently constituted.
The matter giving rise to the instant appeal is sufficiently simple. The plaintiff, the Abusuapanyin of the Nana Anima lineage of the Agona Royal Stool of Akyem Hweakwae, commenced an action against the defendant/respondent herein (referred to as the defendant). The plaintiff sought the following reliefs: an order that the defendant, at the time of causing the processing and issue of the 10th January 2011 installation notice by the Registrar of the Akyem Kotoku Traditional Council, Akyem Oda, was not the legitimate Abusuapanyin of the Akyem Hweakwae Agona Royal Stool; and, an order setting aside the said installation notice for fraud, it being in contravention of the S. 62(2) of the Chieftaincy Act of 2008 (Act 759).
The plaintiff averred in pleading that in view of the imposition of an Abusuapanyin on the Akyem Hweakwae Agona Royal Stool by one Nana Osei Agyemang Prempe Dwamena II, a disputed chief, proceedings were instituted against the said gentleman regarding his legitimacy as the chief of Akyem Hweakwae at the Judicial Committee of the Akyem Kotoku Traditional Council. It was at this time that the plaintiff, causing a search to be conducted at the said Council, discovered that the defendant had on the 10th of January 2011, caused the Registrar of the said Traditional Council to process and issue an installation notice announcing himself to be the Abusuapanyin. It was the plaintiff’s pleading that this purported invocation of S. 62(2) of the Chieftaincy Act, 2008, Act 759 was done upon a fraudulent misrepresentation of the defendant.
The defendant filed a statement of defence in which he alleged that upon the demand by the people of Hweakwae for inter alia, an Abusuapanyin, he was appointed to that position for which he paid aseda of GH¢200 and two bottles of schnapps. He pleaded further that as the plaintiff failed to challenge this timeously, he was estopped by conduct, laches and acquiescence, from doing so. The defendant then raised the issue of the competence of the suit before the Circuit Court, contending that it was a cause or matter affecting chieftaincy regarding which the Circuit court had no jurisdiction.
The parties set out