GH - REPUBLIC v. AKUAKU II; EX PARTE CHAYI II

JUDGMENT OF ADJABENG J.A.

The applicant whose personal name is Sylvanus Isaac Tetteh Ayekpa claims to be the Wetsoyi or chief of the Tekperbiawe Division of the Ada Traditional Area in the Greater Accra Region. The respondent is the paramount chief of the said traditional area and president of the Ada Traditional Council. On 13 February 1989 the applicant filed an application at the High Court, Accra pursuant to leave granted by the court earlier, and sought:

"An order of mandamus addressed to the respondent herein directing him to take all such steps as are necessary, required or permitted by law to enable the applicant to take his seat forthwith as a member of the said traditional council to the intent that the applicant may exercise his rights as such member, including his right to receive notice of meetings of the said council, to attend [p.166] the said meetings and to participate in the deliberations and decisions of the said council."

The applicant's case, as disclosed in his affidavit and statement attached to the application, is that he was duly nominated and elected as Wetsoyi or chief of Tekperbiawe in accordance with the requisite applicable customary law and usage to succeed Nene Korle II, the previous Wetsoyi who had died on or about 26 November 1983, and that he was installed as Wetsoyi on 14 February 1984. Shortly after his installation, it came to his notice that one Simons Amanortey Adjaottor was claiming to be Wetsoyi in succession to the said late Nene Korle II and was passing himself off as Wetsoyi of Tekperbiawe. In order to stop him from so claiming, an action was taken by the elder who had installed the applicant, one Odoe Odonkorteye, against the said Simons Amanortey Adjaottor and two of his elders at the Ada Traditional Council. After a full hearing of the matter, the judicial committee of the said council declared the applicant as the duly nominated, elected and installed Wetsoyi of Tekperbiawe in succession to the late Nene Korle II. The committee also granted an injunction against the said Adjaottor, who was the third defendant, restraining him from holding himself out as such Wetsoyi. The said third defendant and the others appealed to the Greater Accra Regional House of Chiefs against the decision. The appeal is still pending. Even though this appeal has not yet been disposed of, the applicant was on 28 August 1987 recognised by the government as Wetsoyi of Tekperbiawe by a Gazette notice published in the Local Governme

JUDGMENT OF ADJABENG J.A.

REPUBLIC v. AKUAKU II; EX PARTE CHAYI II

Areas of Law

JUDGEMENT