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July 19, 1971
COURT OF APPEAL
CORAM
JUDGMENT OF SIRIBOE J.S.C.
Siriboe J.S.C. delivered the judgment of the court. The plaintiff-respondent (hereafter referred to for short as "the respondent") claiming to be the head of the Nyanor family of Asokore in the New Juaben Traditional Area, sued on behalf of himself and the family to recover from the defendant-appellant (hereafter referred to as "the appellant"), certain properties said to belong to the Nyanor family stool, the occupant of which the appellant had been for a period of some 31 years. The ground for this claim and the other relief sought, that is, damages for unlawful detention, was that the appellant was declared destooled on the 5 March 1967, by the respondent and some members of the family after the appellant had refused to appear before them, to answer charges they had preferred and served on him for his destoolment. In spite of his destoolment, the appellant, as contended by the respondent, had refused to hand over the properties even though a successor had been installed in his place.
The properties in question were listed as follows: one black stool, three stools known in Akan as asipim, one umbrella also known in Akan as mpompon kyiriye, six white stools called assese-gya, one double-barrelled gun, one single-barrelled gun and eighteen cocoa farms. Not only did he dispute ownership of the properties some of which he claimed were procured by him personally, but the respondent's capacity as head of family, and his right and that of all those who allegedly joined in the purported destoolment exercise, were also challenged on the grounds that they, not being the kingmakers, had no customary power to enstool or destool an occupant of the Nyanor stool. Thus, the issues raised between the parties for determination were, whether or not the destoolment of the appellant had been validly carried out in accordance with custom, and whether or not the properties claimed were wholly owned by the Nyanor stool. On those two main issues, the learned circuit judge (his honour judge Coussey, as he then was) found for the respondent, and awarded him N¢120.00 damages for unlawful detention with costs of N¢100.00. From that judgment, the appellant appealed to this court on a number of grounds filed on his behalf, one of which being that: "the whole trial is a nullity for want of jurisdiction." It was certainly not one of the points dealt with before the trial court, but that, however, did not prevent the appellant from relying on it here, as it i
AI Generated Summary
Siriboe J.S.C. delivered the judgment of the Supreme Court in a dispute between the head of the Nyanor family of Asokore and the long‑serving occupant of the Nyanor stool over stool properties following a purported destoolment on 5 March 1967. The respondent sought recovery of specific stool regalia, weapons, and eighteen cocoa farms, plus damages for unlawful detention, claiming a successor had been installed. The appellant denied the respondent’s authority and asserted personal ownership of some items. On appeal from a Circuit Court judgment by Judge Coussey that awarded damages and costs to the respondent, counsel argued the trial court lacked jurisdiction. Analyzing the Chieftaincy Act, 1961 (Act 81), its amendment, and L.I. 309, alongside the Courts Decree, 1966 (N.L.C.D. 84), the Court held the matter was a cause affecting chieftaincy—destoolment and recovery of stool property—within the traditional council’s exclusive jurisdiction. Evidence established the appellant’s chieftaincy status as Abadiekyire to the Asokorehene. The appeal was allowed; the claims were dismissed, orders set aside, and costs and refunds directed.