NANA BUKWEI TAKYI v. OPANYIN KWAKU SAKYI & ANOTHER
2013
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A. (PRESIDING)
- ADJEI, J.A.
- ACKAH-YENSU, J.A
Areas of Law
- Civil Procedure
- Constitutional Law
- Administrative Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision arises from a chieftaincy dispute in the Eguafo Traditional Area involving the installation of Ekua Esson as chief of Bando and Krontihene, and allegations that the Omanhene, Nana Kwamina Ansah III, unlawfully participated and usurped the Ntwea family Ebusuapanin’s role. The Central Region House of Chiefs had declared the enstoolment null and void, affirmed by the National House of Chiefs and the Supreme Court. The plaintiff later sued in the High Court to set aside those judgments, arguing that the matter should have started at the Eguafo Traditional Council, not the Regional House of Chiefs. The Court of Appeal held that because a paramount chief was a proper party, the Regional House of Chiefs had original jurisdiction. It further ruled the High Court cannot determine chieftaincy matters under supervisory jurisdiction, that challenges to void judgments must be brought in the proper traditional tribunal, and restored the prior chieftaincy judgments.
DENNIS ADJEI, J.A:
The plaintiff/respondent issued a writ in the High Court, Cape Coast to set aside the judgment which was determined by the Judicial Committee of the Regional House of Chiefs and affirmed by the Judicial Committee of the National House of Chiefs and the Supreme Court. On 7th July 1987, the Judicial Committee of the Central Region House of Chiefs by a majority decision inter alia, declared the enstoolment of the Respondent therein as null and void. The respondent therein is the plaintiff/respondent in this appeal. The decision of the Judicial Committee of the Central Region House of Chiefs was affirmed by the Judicial Committee of the National House of Chiefs on 8th May, 1991. On 17th February 1999, the Supreme Court also affirmed the judgment of the Judicial Committee of the National House of Chiefs. Some few months after the Supreme Court had delivered its judgment in that chieftaincy matter; the plaintiff herein filed a writ at the High Court to set aside the majority judgment of the Central Region House of Chiefs and the unanimous judgments of the National House of Chiefs and the Supreme Court. The substance of the plaintiff’s action was that the action should have been commenced at the Judicial Committee of the Eguafo Traditional Council and not the Judicial committee of the Central Region of House of Chiefs and the wrong forum renders the proceedings and all the judgments founded on them null and void.
The defendant/appellant herein resisted the plaintiff’s action. Before the defendant could file his statement of defence within the time prescribed by law, the plaintiff had filed a motion under 25 rule 2 and 3 of the repealed High Court rules LN 140 A to set down the issue of lack of jurisdiction on the part of the Judicial Committee of the Central House of Chiefs for legal argument. The defendant resisted the procedure but he was overruled by the trial High Court Judge. On 15th May,2000, the trial High Court judge ruled in favour of the plaintiff and held that the Judicial Committee of the Central Region House of chiefs which exercised original jurisdiction in the matter lacked jurisdiction and its judgment as well as that of the National House of Chiefs and the Supreme Court which affirmed same were null and void.
The defendant filed his Notice of Appeal on 22nd May, 2000 and set down five (5) grounds. The grounds of appeal are as follows:
“1. In as much as the plaintiff/respondent claim that she is the chief of Bando and the Kr