[1982]DLCA2191May 23, 1982Court of Appeal

REPUBLIC vs. THE PRESIDENT, NATIONAL HOUSE OF CHIEFS, EX PARTE AKYEAMFOUR II

JUDGMENT OF FRANCOIS J.A. He By his amended application filed on 12 August 1977, Nana Anka Akyeamfour II (hereinafter referred to as the appellant), sought “an order of certiorari to remove the name of the third respondent), Nana Sefa Atweneboa III (hereinafter referred to as the respondent), from the National Register of Chiefs and the Local Government Bulletin No. 27 dated Friday 20 June 1975 for the purpose of quashing the same.” The application was unsuccessfully made at the High Court, Accra. It was the refusal of the High Court to accede to the prayer of the appellant that has provoked this appeal. The facts are as follows: The appellant and the respondent are two rival claimants to the stool of Asokore in the New Juaben Traditional Area. Both assert claims to due election and enstoolment to the stool by the accredited kingmakers. The stool is an important one as its occupant is automatically the Benkumhene of New Juaben. The appellant’s case is that as far back as 1...