[1983]DLSC2180 • May 18, 1983 • Supreme Court •
SARKODEE I vs. BOATENG II
The appellant, Kyidomhene of New Juaben Traditional Area, filed a chieftaincy petition seeking the destoolment of the respondent, Nana Kwaku Boateng II, Omanhene of New Juaben. The petition was initially filed with multiple signatories, but by the time of filing, all others except the appellant were deceased. The appellant sought to proceed alone, which was challenged on customary law grounds.
read moreJUDGMENT OF APALOO C.J. The appellant is the Kyidomhene of the New Juaben Traditional Area. On 20 August 1973, he filed a “chieftaincy petition” in the Eastern Regional House of Chiefs. The prayer of the petition was for the “Destoolment of Nana Kwaku Boateng, Omanhene, New Juaben Traditional Area.” He is the respondent to this appeal. The petition was brought on a stereotyped form and paragraph 2 of the form requires the petitioner to state the capacity in which he brought the petition. He stated his capacity as “Kyidomhene.” The petitioner was required by paragraph 6 of the form to “state in a concise form the facts and particulars” on which he would seek to rely in proof of the charges. His answer was, “see attached charges.” The appellant attached to the petition, twenty charges serially numbered — some of them involving the commission of named criminal offences, of the others, one at least, is an offence involving moral turpitude. He then made a certifica...