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REPUBLIC v. NANA AKUAMOAH BOATENG II; EX PARTE DANSOA AND ANOTHER

February 17, 1983

SUPREME COURT

GHANA

CORAM

  • APALOO C.J.
  • SOWAH
  • ARCHER
  • ADADE
  • TAYLOR JJ.S.C

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Evidence Law
  • Alternative dispute resolution

AI Generated Summary

Chief Justice Apaloo, writing for the Supreme Court of Ghana, resolved a chieftaincy-related dispute arising from the Obomeng stool in the Kwahu Traditional Area. After Nana Abankwas abdication, the Obomeng queenmother nominated Obeng Akrofi, who swore allegiance to the Nifahene, but the Omanhene had already recognized a rival, Colonel Osei Wusu. Two suits in the Eastern Regional House of Chiefs were consolidated; the Nifahenes dispute was recorded as settled, but the queenmothers suit was not. In High Court mandamus proceedings, the trial judge found both disputes settled on 27 October 1977 and ordered the Omanhene to allow Akrofi to swear allegiance. The Court of Appeal reversed, relying on contemporaneous letters and records. Affirming, the Supreme Court held the queenmothers dispute was not settled, vacated the mandamus, and dismissed the appeal, leaving the unresolved contest between Akrofi and Wusu.

JUDGEMENT