NUUMO NYAKOMLE AND 7 ORS v. NII TETTEH ASHONG

Justice George K. Koomson, writing for a unanimous Court of Appeal panel presided over by Justice Barbara F. Ackah‑Yensu with Justice Eric Baah concurring, set aside a High Court judgment arising from a dispute over the office of Worlaitse (Chief Fisherman) of the Kpone Traditional Area. The Respondents had sued in the High Court, Tema, seeking declarations of the Appellant’s removal, an account, return of regalia and a perpetual injunction restraining him from acting as Chief Fisherman. On appeal, the central preliminary question was jurisdiction: whether the suit constituted a “cause or matter affecting chieftaincy.” Examining evidence that the Appellant was selected from one of three Kpone clans (Nii Dune We), installed over two decades ago, admitted to the Kpone Traditional Council, appointed to its committees, and listed in the National Register of Chiefs, the court held that the Worlaitse is a chief within Article 277 and sections 57(1) and 58(e) of the Chieftaincy Act. The reliefs—save for accounting—implicated deposition, recovery of stool property, and constitutional relations among chiefs under section 117(1) of the Courts Act, beyond the High Court’s jurisdiction. The trial judge’s reliance on Ex parte Abubakari without appreciating local custom was erroneous. The High Court’s judgment and consequential orders were declared null and void.