[1982]DLSC2145March 31, 1982Supreme Court

KANGAH & ANOTHER vs. KYERE & OTHERS

The petitioners, claiming to be joint heads of the Abrashiem Ebiradzi family of Sekondi and duly authorized to nominate a candidate for the vacant paramount stool of the Sekondi Traditional Area, challenged the nomination, election, and enstoolment of the third respondent as Omanhene by the first and second respondents. They alleged that the nomination and installation were contrary to the customs and usages of the Sekondi Traditional Area and sought declarations nullifying the acts, injunctions restraining the respondents from recognizing or acting on the third respondent's status, and declarations regarding rightful succession among the five houses of the Abrashiem Ebiradzi royal family.

read more

JUDGMENT OF TAYLOR J.S.C. Taylor J.S.C. delivered the opinion of the court. This is a chieftaincy suit commenced by a petition headed, “In the Judicial Committee of the Western Regional House of Chiefs.” The matter came before the chieftaincy tribunal of the said house and they have referred the suit to us for an opinion as to whether or not they have jurisdiction to entertain the suit having regard to the apparent forum selected by the petitioners. The petitioners claim to be joint heads of the Abrashiem Ebiradzi family of Sekondi duly elected by the five houses of the family and properly authorised to convene a meeting of the said family for the purpose of nominating a candidate for the vacant paramount stool of the Sekondi Traditional Area. They claim in their petition that their status and authority have been confirmed by the findings of a number of committees of inquiry and the judgments of the Western Regional House of Chiefs, the National House of Chiefs and the Court of...