OPANYIN KOFI AMONOO & 4ORs v. NANA AFARI TWAKO VI & 4ORs

JUDGMENT

MARFUL-SAU, JA: - This appeal is taken against the judgment of the High Court sitting at Cape Coast on the 7th of July 2009. The plaintiffs /appellants referred in this judgment as appellants by their writ of summons filed on the 27th July 2006 claimed one relief against the defendants who are the respondents in this appeal. The relief was simply thus:-

‘’i)an order directed at the 3rd defendant to have the name of J. S. Haizel removed from the National Register of Chiefs on the grounds of fraud.’’

The brief facts of the case are that the 1st respondent forwarded information on J.S. Haizel, alias Osabarima Kwesi Atta II, the 1st co-respondent herein to the National House of Chiefs for insertion in the national register of chiefs. The information contained in the Chieftaincy Declaration Forms (CDF 1B), was to be vetted by the 2nd respondent before its submission to the 3rd respondent. According to the appellants the 1st respondent in completing Form CDF 1B, fraudulently misrepresented answers to question No. 6 and 7 as contained in the Form. It was the case of the appellants that on the 20th July 1998, one Ekow Garbrah and three others filed a petition in the Judicial Committee of the 2nd respondent house, challenging the 1st co-respondent’s nomination and election as the Omanhene of Oguaa.

This information according to the appellants were suppressed by the 1st and 2nd respondents in the Form transmitted to the 3rd respondent house to get the 1st co-respondent name inserted in the register of chiefs. The record of appeal revealed that before the transmission of the Form to the 3rd respondent house, the 1st co- respondent had obtained an order of Mandamus from the High Court to compel the 2nd respondent house to forward information on his election and enstoolment to the 3rd respondent house for registration.

The order of Mandamus which is at page 130 of the record of appeal is dated the 15th June, 1999 and has the following particulars:

‘’IT IS HEREBY ORDERED that order of Mandamus be and is hereby granted compelling the Respondent Central Regional House of Chiefs to comply with section 51(1) of the Chieftaincy Act 1971 (Act 370) in transmitting the information of the enstoolment of the applicant to the National House of Chiefs for that House to comply with section 48 (2) of Act 370 in inserting the applicants name in the National Register of Chiefs.’’

In the statement of claim the appellants particularised the fraud against t