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NANA ADWOA EFFIA & ORS v. NANA TAIBA II & ORS

November 4, 2009

SUPREME COURT

GHANA

CORAM

  • WOOD, (MRS) C.J (PRESIDING)
  • ANSAH, J.S.C
  • DOTSE, J.S.C
  • ANIN YEBOAH, J.S.C
  • BAFFOE-BONNIE, J.S.C

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Probate and Succession

AI Generated Summary

This Supreme Court decision arises from a chieftaincy dispute over the Royal Sewuah Paramount Stool of Bamiankor. Nana Adwoa Effiah IV and another sought declarations of ownership and kingmaker status, invalidation of Henry Acquah (Angama Tu Agyan)'s enstoolment, and injunctions against further nomination and performance of Omanhene functions. During an interim injunction hearing, the respondents orally raised a preliminary objection grounded in lis alibi pendence, citing the case of Nana Apenu Kpanyili v Awulae Amankra Panyin. The Western Regional House of Chiefs dismissed the petition, deeming the failure to reply an admission; the National House of Chiefs affirmed, after conducting a suo motu registry search. Chief Justice Georgina Theodora Wood held that under CI 27 Rule 28 and Order 25 of the High Court Rules, preliminary objections must be brought by motion and decided on pleadings alone; reliance on extrinsic material and treating lack of reply as admission were erroneous. Justice Ansah concurred, and Justices Dotse, Anin Yeboah, and Baffoe-Bonnie agreed. The appeal was allowed and the dismissals set aside.