REPUBLIC vs. NATIONAL HOVUSE OF CHIEFS, KUMASI AND ANOTHER; EX PARTE KUSI-APEA

TAYLOR J.S.C. The circumstances that have led to the appeal and cross-appeals before this court from a decision of the High Court, Kumasi need to be stated clearly in order to put in their proper perspective the legal issues that call for a decision in this chieftaincy case. There were a number of controversial claims put forward in the affidavits of the parties in this case in which Nana Kusi Apea, the appellant, as an applicant in the High Court, prayed for a writ of mandamus to compel the National House of Chiefs, the first respondents herein, to enter his name in the national register of chiefs as the Omanhene and paramount chief of the Wenchi Traditional Area. The main facts, however, which are relevant in these proceedings were unchallenged and are really simple. The appellant was apparently removed in 1958 as Omanhene of the Wenchi Traditional Area and the second respondent, Nana Abrefa Bediatuo VI, was installed as Omanhene in his place. It is not necessary in these proceedin...