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OSU STOOL v. UNILEVER (GH) LIMITED

May 17, 2006

SUPREME COURT

GHANA

CORAM

  • Atuguba, J.S.C.(Presiding)
  • Mrs. Wood, J.S.C/
  • Prof. Ocran, J.S.C.
  • Ansah, J.S.C.
  • Aninakwa, J.S.C

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Constitutional Law
  • Property and Real Estate Law

AI Generated Summary

The Supreme Court of Ghana, per Atuguba J.S.C., dismissed the Mankralo’s appeal arising from a dispute over who may represent the Osu Stool in litigation about lands in Accra. The Osu Stool, acting through its attorney Nii Ako Nortei II (Mankralo), sued in the High Court. Nii Nortey Owuo III, asserting he is the Osu Mantse, moved to be substituted as the sole representative of the Stool, producing an extract from the National Register of Chiefs (exhibit NNOI). The High Court refused; a review failed; the Court of Appeal reversed. On further appeal, the Supreme Court held no genuine chieftaincy issue arose, emphasizing that the suit concerned landlord-tenant matters. It ruled that the Register extract is prima facie evidence of chiefly status under Section 50(8) of Act 370, that PNDC withdrawal of recognition affects statutory functions not customary status (rendering exhibit JKI irrelevant to status), and that a Ga Traditional Council judgment subsists despite a pending appeal. The Court affirmed that the Osu Mantse is the proper representative of the Stool and dismissed the appeal.