NANA YAW NKETSIA v. VRS DR. FIIFI QUAYSON  (OSAHENE KATAKYI BUSUMAKURA III )

J U D G M E N T

GBADEGBE JSC:

We have before us in these proceedings an appeal from the decision of the Judicial Committee of the National House of Chiefs of 29 July 2009 that dismissed an appeal in the matter herein from the judgment of the Judicial Committee of the Western Region House of Chiefs. By its decision the National House of Chiefs affirmed the judgment of the Judicial Committee of the Western Region House of Chiefs which had allowed an appeal from the decision of the Judicial Committee of the Ahanta Traditional Council in the matter herein. In the action before the Ahanta Traditional Council, the appellant sued in his capacity as the divisional Chief of Takoradi against the respondent claiming reliefs that are in their nature causes affecting chieftaincy. The reliefs claimed in the action herein by the appellant against the respondent are as follows:

(a) A declaration that the Defendant’s purported nomination, election and installation as chief is null and void and of no effect.

(b) A declaration that the defendant is not the chief of new Takoradi, Takoradi or of any place.

(c) A perpetual injunction restraining the Defendant from acting or holding himself out as the Chief of New Takoradi, Takoradi or of any place within the jurisdiction of the Ahanta Traditional Area.

In compliance with the practice and procedure of chieftaincy tribunals, the appellant filed a statement of case, which spelt out the facts on which he relied to sustain the action against the respondent. Upon service on the latter of the processes that initiated the action before the traditional council; he also filed his response to the claim against him and counterclaimed for the following reliefs:

(a) A declaration that the purported nomination, election and installation of the plaintiff as the chief of Takoradi or Takoradi New Takoradi is null and void and of no effect, he not hailing from the Akona Royal family of Takoradi.

(b) The plaintiff should be perpetually restrained from acting or holding himself out as the Divisional Chief of Takoradi or the chief of New Takoradi or the Chief of any town, village or place within Takoradi Division of the Ahanta Traditional Area.

(c) The Defendant is the duly nominated, elected and installed Divisional Chief of Takoradi with the stool name Osahene Katakyi Busumakura III

The matter proceeded to a trial that was determined in favour of the appellant against the respondent. In its judgment, the Judicial Committee of the Ahanta