2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Respondents succeeded in getting an order to compel the removal of Kweku Benyi's name from the National Register of Chiefs, which they claimed was fraudulently inserted. The Appellant's appeal was dismissed, as the court ruled the insertion involved procedural irregularities and upheld the trial court's granting of mandamus. The court applied established legal principles of administrative law, jurisdiction based on plaintiff's demand, and the use of affidavit evidence in cases where fraud is evident on the record.
JUDGMENT
ADUAMA OSEI JA:A
In this judgment, the Interested Party/Appellant is referred to as “the Appellant”, and the Applicants/Respondents are referred to as “the Respondents”.
On the 12th of January, 2007, the Respondents filed a motion in the High Court, Kumasi, praying for an order of mandamus directed at the Registrar and the President of the National House of Chiefs. The order was to remove the name of Kweku Benyi also known as Nana Amoa VII from the National Register of Chiefs and to cancel an Extract from the said Register bearing serial number 952 issued to Kweku Benyi.
In the affidavit supporting the application, the Respondents described themselves as the Chief of Amosima, the Queenmother of Amosima and the Head of the Royal Ebradze No. 1 Family of Amosima repectively. The Respondents alleged in their affidavit that in 1979, the 1st Respondent had been nominated, elected and installed as Chief of Amosima. They stated that the 1st Respondent’s installation had been challenged by Kojo Adan at the Asebu Traditional Council, and that the said Kojo Adan had died while the suit was still pending. They said following the death of Kojo Adan, one Augustine Dadzie was substituted as petitioner in spite of objections raised by them regarding Augustine Dadzie’s capacity.
The Respondents said after the trial before the Judicial Committee of the Asebu Traditional Council, they successfully applied to the High Court for the judgment of the Judicial Committee to be quashed. The said judgment was quashed by Osei Hwere J, as he then was, on 3rd March, 1980. The Respondents said in spite of the fact that the judgment of the Judicial Committee had been quashed, the name of Kweku Benya was fraudulently inserted in the Register of Chiefs and an Extract from the Register was issued in respect of the insertion fraudulently procured. The serial number of the Extract was given as No. 952.
Particulars of the alleged fraud, as stated in the supporting affidavit, were that the Asebu Traditional Council had deliberately and wilfully withheld vital information from the National House of Chiefs that the 1st Respondent remained the legitimate Chief of Asebu, that approval of the Chieftaincy Declaration Forms of Kweku Benya had been given by the Research Committee of the National House of Chiefs when that Committee did not have a quorum to deal with that matter, and that the Research Committee failed to place its findings and recommendations before the Standing Committee