BRONI AND ANOTHER v ANTWI AND ANOTHER

Aikins JSC delivered the judgment of the court. On 26 November 1996 this court allowed the appeal in the above cause, and reserved its reasons. We now give our reasons for the judgment.

The applicants before this court were the defendants in a chieftaincy suit, which had been filed in the Akyem Abuakwa

Traditional Council. They had been sued by the plaintiffs, Opanin Kwasi Antwi and Lt Col (Rtd) Isaac Osei Agyare. The judicial committee of the traditional council dismissed the claim of the plaintiffs, who then appealed against that judgment to the Eastern Regional House of Chiefs. The house overturned the decision of the traditional council and gave judgment for the plaintiffs. Aggrieved by that decision, the defendants appealed to the National House of Chiefs.

The notice of appeal that was filed in the National House of Chiefs contained the correct title of the case, namely Baffour Atta Yaw and Madam Akua Broni as the defendants-respondentsappellants and Opanin K was Antwi and Lt Col (Rtd) Isaac Osei Agyare, the plaintiffs who won the case in the Eastern Regional House of Chiefs, were described as the parties directly affected by the appeal. The name and address of counsel for the appellants were given as: Yaw Barimah & Co, Afisem Chambers, H/No B/044, Fuller Road, Koforidua. But strangely enough, Yaw Barimah & Co signed as solicitors for the plaintiffs-appellants-respondents and the notice, addressed to the registrar of the Eastern Regional House of Chiefs, was copied to the defendantsrespondents-appellants of Kwaben. Incidentally, Opanin Kwasi Antwi, the first plaintiff, is described in the title to the notice of the Mmbaduam division of the Agona royal family at Kwaben

On 18 June 1991 the registrar of the Eastern Regional House of Chiefs, Mr D F Boateng, invited the parties to his office to settle the records of appeal. The plaintiffs were invited as the respondents and the defendants as the appellants. Under rule 19, (1)-(4) of the Chieftaincy (National and Regional House of Chiefs) Procedure Rules, 1972 (CI 27) the following conditions were imposed, namely the appellants were asked to deposit ¢ 150,000 to meet the cost of the preparation and submission of the record of proceedings to the National House of Chiefs, Kumasi and to enter into a bond in the sum of ¢250,000 with two sureties to be justified to cover any costs that might be awarded· by the judicial committee of the National House of Chiefs in favour of the respondents.

O