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NENYI KOBINA ANDAKWEI IV & ORS v. KOW LARBIE @ KOBINA ABAKA II & ORS

2018

SUPREME COURT

GHANA

CORAM

  • DOTSE, JSC (PRESIDING)
  • YEBOAH, JSC
  • BAFFOE-BONNIE, JSC
  • APPAU, JSC
  • PWAMANG, JSC

Areas of Law

  • Constitutional Law
  • Evidence Law
  • Customary Law

AI Generated Summary

The Supreme Court reversed decisions of the Central and National Houses of Chiefs, ruling that the absence of Nenyi Kwaku Issiw VI did not meet legal and customary requirements for abdication. The court confirmed that Issiw VI remains the lawfully recognized Paramount Chief, rendering the respondents' installation of a new chief null and void. The court emphasized that for a chief's abdication to be valid, specific conditions must be met, including voluntary renunciation, acceptance by elders, performance of rites, and publicity. Both judicial committees had erred by not adhering to this framework. Thus, the appeal succeeded, and previous decisions were set aside.