KORBLAH II ALIAS TETTEH AND ANOTHER v. ODARTEI III

JUDGMENT OF ANIN J.A.

By an originating summons filed on 31 October 1975, the plaintiff claimed the following reliefs:

“This summons is issued upon application of Nii Odartei III, sub-chief of Odarteiman (Nsakina) in the Greater Accra Region of the Republic of Ghana who claims to be the only sub-chief of Odarteiman (Nsakina) for the determination of the following questions: whether under the provisions of the Chieftaincy Act, 1971 (Act 370):

(1) The alleged enstoolment of George Aryee Damey Tetteh, the fourth defendant, under the stool name of Nii Tetteh Korblah II was valid.

(2) The notification in the Local Government Bulletin No. 50 of 22 November 1974, of the alleged enstoolment of the fourth defendant is not void and of no effect.

(3) Paragraph (2) of the Greater Accra Regional Administration’s letter No. GAL/ 74/Vol. 3 dated 31 July 1975, purporting to prohibit the plaintiff from interfering in the affairs of Nsakina, that is, the selling of land and the performance of any duties as chief of the area is not void as being ultra vires or without jurisdiction. And for a declaration that:

(a) The plaintiff is the sole legitimate sub-chief of Odarteiman (Nsakina).

(b) There is no such traditional office as senior sub-chief of Nsakina with jurisdiction over the plaintiff’s area of authority, namely, Odarteiman (Nsakina).

(c) The plaintiff is entitled to perform his customary duties as sub-chief of Odarteiman (Nsakina) including the management of the stool lands under his jurisdiction.”

From the copious affidavits and exhibits filed and submissions made by learned counsel for the parties, three outstanding facts emerged: Firstly, Odarteiman or Nsakina is a village in the Greater Accra Region. In respect of this village there exist two Local Government Bulletin notices recognising two different persons, i.e. the plaintiff and the fourth defendant herein, as “sub-chief” and “senior [p.935] sub-chief” respectively. In the first place, a notice in the Local Government Bulletin dated 28 September 1973 (exhibit N) announced the enstoolment of the plaintiff (James Odartei Lamptey) as sub-chief under the stool name of Nii Odartei III. The effective date of his enstoolment is stated as 29 August 1968 and the particulars of the town or division are given as “Odarteiman (Nsakina), Ga Traditional Area, James Town.”

A second Local Government Bulletin dated 22 November 1974 (exhibit A) gave notice of the enstoolment of the fourth defendant (George Aryee Damey