2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff/respondent sought declarations against the defendants/appellants claiming improper registration of Osabarima Okokyeredom Kwadwo Sito in the National House of Chiefs' Register, due to jurisdictional faults in the original mandamus ruling. The appeal challenged the trial court's dismissal of the defendants' application to dismiss the claim on grounds of estoppel and procedural protections under Order 55 rule 9 of C.I. 47. The appellate court upheld that the trial court correctly required evidence to determine estoppel and that the defendants could not claim protection for an act based on a mandamus order, declared null and void. Thus, the appellate court dismissed the appeal.
AYEBI, JA
1. The plaintiff/respondent by his writ claimed jointly and severally against the defendants/appellants as follows:
(a) A declaration that the registration of Osabarima Okokyeredom Kwadwo Sito in the Register of National House of Chiefs is null and void and no effect whatsoever and the same ought to be expunged from the said Register since the mandamus ruling on which the said registration was based had been declared by the Court of Appeal to be null and void ab initio for lack of jurisdiction.
(b) A declaration that the said Brong Ahafo House of Chiefs grossly abused their discretion when it caused the said registration to be effected even though the said Osabarima Okyeredom Kwadwo Sito I, was not in possession of the BLACK STOOL of Banda.
(c) Any further order(s) as the Honourable Court may deem fit and just.
2. At the close of pleadings, the plaintiff/respondent set out seven issues for the determination of the court. The defendants/appellants agreed to the issues but prayed the court to determine the matter on the basis of legal arguments. The defendants/appellant thereon formulated the issues for legal arguments as follows:
(i) Whether or not the defendant in complying with an order of mandamus to enter the name of Nana Osabarima Sito I, can be questioned in this particular action.
(ii) Whether or not the plaintiff is estopped from bringing this action in view of the reliefs in suit No. E16/1/06: Rep. vrs Brong Ahafo House of Chiefs and Osabarima Nana Kwadwo Sito.
(iii) Whether or not this action is a cause or matter affecting chieftaincy.
3. Although the court accepted the oral application of the defendants/appellants and adjourned the suit for legal arguments on the issues as formulated, the defendants/appellants formalized their request in a motion supported by an affidavit praying the court to dismiss the claim of the plaintiff/respondent on the grounds as stated above. The plaintiff/respondent similarly opposed the application. After listening to the arguments of counsel for both parties, the court in its ruling on 13/02/2013 dismissed the application and ordered that the suit proceed to trial. Aggrieved by the ruling, the defendants/appellants herein appealed to this court to set aside/reverse the said ruling and consequential orders made. Initially, the appellants filed the omnibus grounds of appeal that the judgment is against the weight of evidence on 27th February, 2013. On 4th April 2013, the appellants filed two addit