JUDGEMENT

KWOFIE JSC:-

On the 7th November, 2024 the Court of Appeal delivered a judgment in this appeal and allowed the appeal of the appellant/respondents and set aside the judgment of the High Court Tema. The High Court had granted an application by way of Certiorari and prohibition and quashed the ruling of the Judicial Committee of the Kpone Traditional Council and prohibited the said Judicial Committee from hearing the petition pending before it.

The applicants/respondents herein after referred to as appellants dissatisfied with the judgment of the Court of Appeal have filed the appeal to this Court by a Notice of Appeal dated 12th December 2024 in the following grounds;

i) The Court of Appeal erred in holding that the appellants herein allegation of likelihood of bias was unproven

ii) The Honourable Court of Appeal failed to consider or give proper consideration of the case of the appellants herein.

iii) The judgment is against the weight of evidence on record.

The relief sought from this apex court is for an order setting aside the judgment of the Court of Appeal and restoring the decision of the trial court.

Before proceeding further, we deem it necessary to set out the background to this case. Appolonia falls under the Kpone paramount in the Greater Accra Region. On the 16th of October 2014, the interested parties/appellants/respondents (hereinafter referred to as respondents) issued a Writ before the Judicial Committee of the Kpone Traditional Council against the appellants for the following reliefs;

a) A declaration that the purported nomination, election or selection and enstoolment or installation of the 1st defendant as chief of Appolonia (Appolonia Mantse) is null and void and of no legal effect as same is against customary law and practice of the people of Appolonia and Kpone Traditional Area.

b) A declaration that plaintiffs as heads of the three ruling clans and kingmakers of the Appolonia stool are the only ones with the requisite power/capacity to nominate elect or select and enstool or install a candidate to occupy the Appolonia Stool and Appolonia Mantse.

c) A declaration that the 2nd, 3rd and 4th defendants have no capacity to nominate elect or select and enstool or install the 1st defendant as Chief of Appolonia

d)An order to set aside the purported nomination, election or selection and enstoolment of the 1st defendant as Appolonia Mantse.