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NANA OBENG AKROFI v. NANA ASANTE AMPADU AND 2 OTHERS

1999

COURT OF APPEAL

GHANA

CORAM

  • ESSILFIE-BONDZIE, J. A. (PRESIDING)
  • TWUMASI J. A

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Property and Real Estate Law

AI Generated Summary

Essilfie-Bondzie J.A. authored the lead judgment in an appeal arising from a High Court action over Plot No. 86 at Nkawkaw Ahenfie. The occupant of the Obomeng Stool sued former elders of the late Odikro of Nkawkaw, Nana Bonsu Nyame, seeking declaration of title, recovery of possession, damages for trespass, exhumation, and an injunction. The defendants moved to dismiss, arguing the suit was a cause or matter affecting chieftaincy, and appealed after the motion was denied. The Court of Appeal examined Article 140(1), section 57 of the Courts Act, and section 66 of the Chieftaincy Act, concluding the case concerned recovery of stool property unconnected to nomination, installation, destoolment, or abdication. It held the plaintiff had capacity, the High Court had jurisdiction, dismissed the appeal, and remitted the matter for trial on the merits. Benin J.A. and Twumasi J.A. concurred.