SIASUOM AND ANOTHER v. KYI AND OTHERS

This Ghana Court of Appeal judgment, authored by Apaloo J.A., arises from a longstanding intra-family dispute within the Nvaviley stool family of Brewire, Axim, about succession to the Brewire stool. After Chief Kwamin Gharmin II’s death, Ebie Mienzah’s election was challenged; the Upper Axim State Council ruled against the appellants, but a judicial commissioner reversed it, and the President published that finding in the Local Government Bulletin (28 June 1963). The respondents later sought a court interpretation of the second limb of that finding—stating that preference should first be given to descendants of Ekua Brisie (Gyanteh Ekua). Edusei J. of the High Court (Sekondi) ruled that “preference” means priority for Ekua Brisie’s descendants, not exclusivity; he also held Armah Kyi lacked head-of-family locus standi but allowed other plaintiffs, and rejected a jurisdictional/constitutional objection. On appeal, Apaloo J.A. affirmed, holding the respondents were “interested” under Order 54A, and that the matter was construction of a written instrument, not a chieftaincy dispute, dismissing the appeal with costs. Anin J.A. and Archer J.A. concurred.