NANA KOMLA DIHIE III & ANOTHER v. NANA SOGLO ALLO IV & ANOTHER
2012
COURT OF APPEAL
GHANA
CORAM
- ABBAN, J.A. (PRESIDING)
- KUSI-APPIAH, J.A.
- DOUSE, J.A
Areas of Law
- Civil Procedure
- Administrative Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs initially filed a writ at the High Court claiming that the 1st defendant was fraudulently registered as a chief, and sought to expunge his name from the register of chiefs and prevent his recognition by the Regional House of Chiefs. The High Court dismissed the case on jurisdictional grounds, asserting that determining the 1st plaintiff's capacity involved chieftaincy matters outside its purview. On appeal, the appellate court held that the High Court had jurisdiction to hear the case as it related to procedural errors and fraud, not substantive chieftaincy issues. The appellate court also clarified that the capacity of a plaintiff to sue does not determine the court's jurisdiction. The appeal was allowed, and the case was remitted to the High Court for a substantive hearing.
KUSI-APPIAH, J.A.: By their writ filed on 31/8/2004 at the High Court, Ho, the plaintiffs/appellants, hereinafter called plaintiffs, claimed against the two defendants the following reliefs:
“i. A declaration that the entry of the 1st defendant’s name in the Registrar of the National Registrar of Chiefs on the 13th day of July 2004 (i.e. SERIAL NO. 2454) as the OMANHENE/ OKAKPELE of the Likpe Traditional Area was procured by Fraud.
ii. An order directed to the National House of Chiefs to expunge the said entry from the National Register of Chiefs and also cancel the subsequent EXTRACT dated 22nd July, 2004 on grounds that the said ENTRY is vitiated by fraud.
iii. A perpetual injunction, restraining the 2nd defendant, its servants and agents from admitting the 1st defendant into Volta Regional House of Chiefs pending the determination of the petition against the 1st defendant now before the Judicial Committee of the VOLTA REGIONAL HOUSE OF CHIEFS.”
The writ was accompanied by a statement of claim, which the plaintiffs set out the details of their claim. In paragraphs (1) and (2) of the said statement, the plaintiffs aver:
“1. The 1st plaintiff is the Acting President of the Likpe Traditional Council and brings this action in that capacity.
2. The 2nd plaintiff is one of the Petitioners in a suit pending before the Judicial Committee of the Regional House of Chiefs, Volta Region, Ho and brings this action on behalf of the Petitioners, the Lemboe House of Likpe-Mate, a farmer and lives at Likpe-Mate.”
Their complaint is that in March 1995, a faction of chiefs who are not Kingmakers of the Likpe Paramount Stool, enstooled the 1st defendant as a Paramount Chief of Likpe Tradition Area contrary to the custom of the Likpe Traditional Area.
To vindicate their rights the accredited Kingmakers of the Likpe Paramount Stool filed a petition against the said enstoolment before the judicial committee of the Volta Regional House of Chiefs. The plaintiffs alleged that while the petition (against the 1st defendant) was pending for determination, the 1st defendant assisted by the 2nd defendant fraudulently procured on 13/7/2004, the Entry of the 1st defendant’s name in the Register of the National House of Chiefs (N.H.C.). The particulars of fraud were stated in accordance with the rules.
A close look at the record indicates that on the same date the plaintiffs issued the writ of summons, they also filed a motion for an interlocutory injunction against the defenda