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HUAGO and Others v DJANGMAH II and Others

June 11, 1997

SUPREME COURT

GHANA

CORAM

  • WIREDU
  • AMPIAH
  • KPEGAH
  • ADJABENG
  • A TUGUBA JJSC

Areas of Law

  • Constitutional Law
  • Evidence Law
  • Administrative Law

AI Generated Summary

This Supreme Court appeal arises from a long-running chieftaincy dispute in the Great Ningo Traditional Area involving the status of Samuel Narh Osrogbo (Nene Osrogbo Djangmah II). Two consolidated suits were decided by the Greater Accra Regional House of Chiefs, one affirming Osrogbo II’s enstoolment and another finding that he had abdicated based on a letter labelled ‘NOTICE OF ABDICATION’ and years of absence. The National House of Chiefs reversed the abdication finding, applying the four conditions from Boampong v Aboagye (voluntary renunciation, acceptance by elders/kingmakers, requisite rites, and publicity) and holding they were not met. On appeal, Wiredu, Ampiah, Adjabeng, and Atuguba JJSC agreed: the letter evidenced only intent, acceptance by a stool father alone was insufficient, and rites/publicity were not proven. Kpegah JSC dissented, invoking estoppel by conduct. The Supreme Court dismissed the appeal, confirming Osrogbo II remained the properly enstooled paramount chief.

JUDGMENT