SAMUEL QUAYE & ORS v. OKU OKULEY & ORS

ASIEDU JSC:

INTRODUCTION:

[1]. My lords, this appeal is against the judgment of the National House of Chiefs delivered on the 23rd May 2019. The Plaintiffs/Appellants/Respondents/Appellants (hereafter referred to as the 1st Plaintiffs) sued out a writ of summons with an accompanying statement of claim on the 20th February 2007, against the Defendants/Respondents/Appellants/Respondents (hereafter referred to as the Defendants) before the Judicial Committee of the Ga Traditional Council for the reliefs of:

(a). A declaration by the Ga Traditional Council that the 1st, 2nd, and 3rd Defendants by custom and tradition pertaining to Mayera Okuleman have no right to nominate, install or enstool the 4th Defendant as chief of Mayera Okuleman because the said 4th Defendant is not a member of the Okuley Kwao Royal family of Mayera Okuleman.

(b). An order restraining the 4th Defendant from acting as the chief of Mayera Okuleman or in any way holding himself out as the chief of Mayera Okuleman.

(c). Perpetual injunction restraining the 1st, 2nd, and 3rd Defendants. Their agents, servants, labourers and personal representatives and assigns from nominating, installing or enstooling the 4th Defendant as chief of Mayera Okuleman or doing anything whatsoever at Mayera Okuleman in connection with the enstoolment of 4th Defendant as chief of Mayera Okuleman pending the final determination of this action.

My lords, the Defendants also filed a statement of defence in which they counterclaimed against the 1st Plaintiffs for:

(a). A declaration by the Ga Traditional Council that by customs and traditions the Defendants who are the customary kingmakers of the Mayera Okuleman in conjunction with the elders/ principal members of the Okuwe Royal House have observed and complied with all the laid down customs and traditional requirements of Mayera Okuleman before preparing to install Joseph Tettey as the next chief/Mantse of Mayera Okuleman.

(b). An order restraining the 1st, 2nd and 3rd Plaintiffs from disturbing and or usurping the authority of the Defendants in the performance of their respective functions and office.

(c). An order of perpetual injunction restraining the 1st, 2nd and 3rd Plaintiffs, their agents, personal representatives and assigns from nominating, installing or enstooling any other person as chief of Mayera Okuleman pending final determination of this action.

[2]. JUDGMENT OF GA TRADITIONAL COUNCIL:

After the hearing of the matter, the Judicial Com