[1987]DLSC799 • June 17, 1987 • Supreme Court •
POMAA AND OTHERS vs. FOSUHENE
The respondent, claiming to be the customary Adansiheneelect, filed a petition against the appellants (Adansi queenmother and kingmakers) challenging the legitimacy of the nomination and election process. The appellants admitted some facts but denied the respondent's claim and challenged the election's validity under customary law. The National House of Chiefs gave judgment in favor of the respondent based on an alleged admission in the appellants' pleadings, awarding costs and ordering the appellants to install the respondent as Adansihene.
read moreJUDGMENT OF ADADE J.S.C. This is an appeal from the National House of Chiefs. Two objections have been raised in limine against its hearing. These are that: (a) The decision of the National House of Chiefs was interlocutory. An appeal against it should have been filed in fourteen days. The present appeal was filed out of time, and (b) The defendants-appellants failed to comply with rule 13 (1) of the Supreme Court Rules, 1970 (C.I. 13), which obliges them to file their statement of case within three weeks of being served with the Civil Form 5—notice of dispatch of record. Their appeal has, therefore, been deemed to be struck out: there is no appeal before this court. The judgment of the National House of Chiefs was given on 27 September 1985. Reasons for the judgment were read on 14 November 1985. My reference to the judgment of 27 September 1985 must be taken to include the reasons therefor. As regards the status of the judgment of 27 September 1985 the plaintiff.....