[1989]DLSC603 • February 2, 1989 • Supreme Court •
IN RE KWAO (DECD.); NARTEY vs. ARMAH AND ANOTHER
The case concerns a dispute over the status of Nii Adja Kwao as chief of James Town. After protracted litigation through chieftaincy constitutional courts and the National House of Chiefs, Nii Adja Kwao died before the matter was resolved. Subsequent attempts by interested parties, including J.B. Nartey (head of Nii Adja Kwao's family) and Nii Sampa Kojo (self-described Osiahene of James Town), to be substituted for the deceased in continuing the litigation were dismissed by the Supreme Court on the basis that the action was personal to Nii Adja Kwao and did not survive his death.
read moreJUDGMENT OF FRANCOIS J.S.C. Francois J.S.C. delivered the ruling of the majority. On 16 May 1989 this court dismissed an application by J.B. Nartey to be substituted for Nii Adja Kwao (deceased). The suit involving Nii Adja Kwao, sought declarations against the status of Nii Adja Kwao as chief of James Town. The action travelled through the chieftaincy constitutional courts of this land, up to the National House of Chiefs. There is no need to recapitulate the entire history attending this rambling journey except to say that after some inaction on the part of Nii Adja Kwao covering a period of two years, the National House of Chiefs appeared to have called a halt to the proceedings and refused leave for a further debate of the matter at the Supreme Court. A motion No. 18/88 was filed on behalf of Nii Adja Kwao for special leave to appeal to this court on the refusal of the National House to grant leave, but before the application could be heard Nii Adja Kwao had died. ...