Nii Akpor Akonfra and 1 Or v. The National House of Chiefs and 1 Or
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATIENCE MILLS TETTEH (MRS)
Areas of Law
- Civil Procedure
- Administrative Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves the plaintiffs claiming to be the rightful heads and king makers of Agbawe Quarter in Teshie, challenging the fraudulent registration of the 2nd defendant as Shiketele in the National Register of Chiefs. After the new Shiketele's installation, it was discovered that the 2nd defendant had falsely registered himself using forged documents. The court, after dismissing motions from the 2nd defendant and reviewing evidence provided by the plaintiffs, ruled in their favor, declaring the registration entry fraudulent and ordering its removal from the register.
The facts of this case are that Plaintiffs, who claim they are the heads of Nii Adjetey Okpe We of Agbawe Quarter of Teshie and Nii Ablor Adjei We also of Agbawe Quarter of Teshie are the king makers of the Agbawe quarter of Teshie.
By Teshie custom and usage the head of the Agbawe quarter is the Shiketele of Teshie Traditional area.
After the passing away of the then head and shiketele of Teshie traditional area, a new Shiketele was installed and he applied to have his name entered into the National house of Chiefs but to his shock 2nd defendant had his name already registered in the National Register of Chiefs as the shikitele, consequently he issued this suit with the following reliefs; 1. A declaration that the entry in the National Register of Chiefs dated 26th June 2011 is a forgery, fraudulent null and void.
2. An order to expunge the entry from the National Register of Chiefs.
3. Injunction against the Respondent from holding himself out as the gazetted shiketele of Teshie.
4. Damages for fraud.
The amended statement of claim attached to the writ stated that the head of Agbawe Quarter was Nii Akpo Adjei II until his death on 10th October 2006. The late Nii Akpo Adjei was buried 28th June 2008 and his funeral rites performed the following day 29th June 2008, after his final funeral rites, the king makers nominated and installed Nii Adjetey Okpe III on 13th May 2012 as the new head of Agbawe Quarter and Shiketele of Teshie Traditional area.
When the new head of family took office, he applied to have his name entered in the National Register of Chiefs to replace the last Shiketele only to realize that 2nd defendant herein had presented fraudulent document to 1st defendant who entered his name in the National Register of Chiefs as the new Shiketele.
The entry procured by 2nd defendant stated that Nii Akpo Adjei II died on 1st December 1992 and he the 2nd defendant was installed to replace him on 10th December 1996. The plaintiffs therefore averred that the 2nd defendant’s presentation of document to the 1st defendant was fraudulent and the documents he presented were forged.
PARTICULARS OF FRAUD WERE STATED AS FOLLOWS: a. It is the testimony of the plaintiff that the last Shiketele and acting Teshie Mantse Nii Akpo II died on 10th October 2006. The plaintiffs stated in addition that even though the said Shiketele died in October 2006, the 2nd defendant presented documents to the 1st defendant and procured entries to the National Register of