Nii Dr. Tetteh Kwei II and Nii Agyemang Kese II v. The Ga Traditional Council and 2 Ors
2017
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Constitutional Law
2017
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs filed a Writ of Summons against the Defendants regarding the chieftaincy status of George Tackie Abia and sought several declarations against their actions. An interlocutory injunction was initially granted but later challenged by the 3rd Defendant, who argued that significant facts were not disclosed. The High Court found the matter to be a chieftaincy dispute, over which it had no jurisdiction. Consequently, the injunction and the writ were set aside, and the Court instructed that such disputes be resolved by the appropriate traditional adjudicating bodies rather than as administrative actions.
Introduction & Background: [1] On January 27, 2017 the Plaintiffs herein issued out from the registry of this Court a Writ of Summons and a Statement of Claim against the 1st and 2nd Defendants herein for the following reliefs: i. A declaration that 1st & 2nd Defendants flouted the Rulings of the Judicial Committee of the Greater Accra Regional House of Chiefs (GARHC) made on 18/07/2008 and 02/02/2015 in the consolidated petitions challenging the eligibility and installation of King Tackie Tawiah III when they recommended, endorsed and forwarded the Chieftaincy Declaration (CD) Forms of George Tackie Abia a. k. a King Tackie Adama Latse II under a cover letter dated 13/11/2013 to the GARHC for his name to be gazetted in the National Register of Chiefs as Ga Mantse and that same is null and void and of no legal effect.
A declaration that 1st & 2nd Defendants have no capacity to recommend, endorse and forward the CD Forms of George Tackie Abia a. k. a King Tackie Adama Latse II to the GARHC for his name to be gazetted in the National Register of Chiefs as Ga Mantse whilst the consolidated petitions challenging the eligibility and installation of King Tackie Tawiah III as Ga Mantse was then under adjudication before the Judicial Committee of the GARHC, and there was a sitting Ga Mantse in the person of King Tackie Tawiah III.
A declaration that 1st & 2nd Defendants have no capacity to recommend, endorse and forward the CD Forms of George Tackie Abia a. k. a King Tackie Adama Latse II to the GARHC for his name to be gazetted in the National Register of Chiefs as Ga Mantse since he was not installed by 1st & 2nd Plaintiffs, the accredited kingmakers of the Ga Paramount Stool empowered by the final ruling dated 02/02/2015 (in the consolidated petitions challenging the installation of King Tackie Tawiah III) to install a substantive Ga Mantse.
A declaration that the recommendation, endorsement and forwarding of the CD Forms of George Tackie Abia a. k. a King Tackie Adama Latse II by 1st & 2nd Defendants to the GARHC for his name to be gazetted in the National Register of Chiefs as Ga Mantse was perpetuated by fraud.
v. General damages against 1st & 2nd Defendants for fraud.
An order of perpetual injunction restraining 1st & 2nd Defendants by themselves, agents, privies, assigns and howsoever described from inducting George Tackie Abia a. k. a King Tackie Adama Latse II into the Ga Traditional Council as Ga Mantse until the final determination of this suit.