THE REPUBLIC v. NATIONAL HOUSE OF CHIEFS, KUMASI, EX-PARTE NII LARBIE MENSAH IV & ORS

J U D G E M E N T.

ATUGUBA, J.S.C:

Facts of the Case

The Appellant herein known in private life as Francis Nii Aryee Addoquaye was enstooled Ablekuma Mantse and Sempe Atofo under the Stool name of Nii Larbie Mensah IV. There was no writ/petition against his installation. As a result, his Chieftaincy Declaration (CD) Forms were duly processed by the Ga Traditional Council and forwarded to the National House of Chiefs through the Greater-Accra Regional House of Chiefs for his name to be inserted in the National Register of Chiefs. The name of the Appellant was inserted in the national Register of Chiefs on the 23rd day of May 2006 as having been enstooled on the 14th day of April 2000. Sometime in or about September 2006, Adjin Tettey who also claimed that he had been installed as Ablekuma Mantse and Sempe Atofotse under the Stool name of Nii Larbi Mensah IV filed an application for Judicial Review in the nature of mandamus directed at the National House of Chiefs to remove the name of the Appellant from the National Register of Chiefs and insert his name following his recognition by a judgment of the Judicial Committee of the Ga Traditional Council in October 1997.

When the Application came on for hearing the Learned Trial Judge ordered the Interested Party/Appellant/Appellant herein to be joined to the action. After all processes had been filed the matter was heard. The High Court, Kumasi, presided over by His Lordship K. Ansu-Gyeabour granted the Application. Being aggrieved and dissatisfied with the said Ruling, the Interested Party/Appellant appealed to the Court of Appeal. On 12th June 2009, the Court of Appeal dismissed the appeal but varied the costs of GH¢2,000.00 awarded against the National House of Chiefs to GH¢500.00. Being dissatisfied and aggrieved with the said judgment, the Interested Party/Appellant/Appellant lodged the current appeal.

Grounds of Appeal:

Following the grant of an application for Extension of Time within which to file an Appeal, the Interested Party/Appellant/Appellant filed his Notice of Appeal and set down the following Grounds of Appeal:

“a) Their Lordships in the Court of Appeal erred when they rested their

decision on a ground not set out by the Appellant before them and failed to

offer the parties opportunity of contesting the case on that ground.

Having found from the available evidence on record as a fact that Exhibits 1 & 2 being the Chieftaincy Declaration (C.D.) forms and Letter from the National House o