NANA KOMLA DIHIE III & ANOTHER v. NANA SOGLO ALLO IV & ANOTHER

The Court of Appeal, per Kusi‑Appiah J.A., reviewed an appeal from the High Court, Hohoe, where the trial judge had declined jurisdiction over a suit brought by the Acting President of the Likpe Traditional Council and a petitioner from the Lemboe House of Likpe‑Mate. The plaintiffs sought to invalidate, as fraudulently procured, the 1st defendant’s entry in the National Register of Chiefs, and to restrain his admission into the Volta Regional House of Chiefs while a petition was pending. The High Court had ruled that determining the 1st plaintiff’s capacity would entail investigating a chieftaincy relationship, thus constituting a chieftaincy matter. Applying Supreme Court authority, the Court of Appeal held that removing a name from the National Register is an administrative act, not a chieftaincy cause; the High Court retains supervisory jurisdiction to correct procedural errors and wrongful registrations. The court further held that a capacity challenge does not oust jurisdiction. The appeal was allowed and the case remitted for trial on the merits.