2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
ANGELINA M. DOMAKYAAREH JA authored this Court of Appeal decision arising from a dispute between leaders of the Adza Family and Abaka Stool in Gbi Wegbe and the National House of Chiefs with the Divisional Chief of Gbi Wegbe (Miamefia). The Appellants sought declarations and orders to block and expunge the gazetting and registration of the 2nd Respondent as a divisional chief, insisting the Abaka Stool had been gazetted as divisional since 1965. After ordering disposition on legal arguments, the High Court sustained the National House of Chiefs’ entry of the 2nd Respondent, dismissed the application, and awarded GH¢10,000 costs. On appeal, the Court of Appeal held the trial judge could rely on documents referenced in the pleadings, and that publication in the Local Government Bulletin does not create or conclusively prove chieftaincy status, particularly in light of a 1965 Gbi Traditional Council decision and a 1968 High Court dismissal. Most decisively, the Court found the High Court lacked jurisdiction over causes or matters affecting chieftaincy under Act 759 and Act 459; entries in the National Register are administrative, with grievances to be appealed to the Supreme Court under section 59(7). The appeal was dismissed entirely.
DOMAKYAAREH (MRS.), JA:
[1] This appeal emanates from the judgment of the High Court, Kumasi dated 15th July, 2019. The Plaintiffs/Appellants are the Head of the Adza Family of Gbi Wegbe, and the Stool Father of the Abaka Stool of Gbi Wegbe, both of Hohoe respectively. They will herein after be called the Appellants. The 1st Defendant/Respondent is the National Body of Chiefs established by the Chieftaincy Act, 2008, (Act 759). The 2nd Defendant/Respondent who was joined to the suit following an Application for Joinder is the Divisional Chief of Gbi Wegbe and the Left Wing Chief (Miamefia) of the Gbi Traditional Area. The Defendants/Respondents will hereinafter be referred to as the Respondents.
[2] The Appellants issued their Writ of Summons on 16/2/2018 and per an Amended Writ of Summons issued on 28/5/2018, they claimed the following reliefs against the Respondents, to wit:
a. A declaration that the 1st Defendant, having gazetted the Abaka Stool of Gbi Wegbe as a Divisional Stool within the Gbi Traditional Area, cannot gazette the 2nd Defendant’s stool as a divisional stool and the said 2nd Defendant as a Divisional Chief within the same Traditional Area.
b. An order directed at the 1st Defendant to immediately expunge the gazette of 2nd Defendant as a Divisional Chief within the Gbi Traditional Area from the National Register of Chiefs.
c. Any further or other orders as to this Court may appear just.
d. Costs including lawyers’ fees.
[3] According to the Amended Statement of Claim, which accompanied the Amended Writ of Summons, the Appellants averred that the Adza family of Gbi Wegbe own and are the custodians of the Abaka Stool of which the 2nd Appellant is the present Stool father. The Appellants aver that from time immemorial, the Abaka Stool has been recognized as a Divisional Stool within the Gbi Traditional Area and this recognition was duly gazetted in 1965 by the publication in the Local Government Bulletin of 20th August, 1965. It is the case of the Appellants that the 2nd Respondent and his predecessors have unsuccessfully challenged the gazette of the Abaka Stool. The Appellants further aver that in or about April 2017, they were informed by the Hohoe Divisional Commander of Police that the 2nd Respondent had been gazetted as a Divisional Chief of Gbi Wegbe. The Appellants say that on 26th April, 2012, they drew the attention of the 1st Respondent to the attempts being made by the 2nd Appellant to be gazetted as a Divisional Chi