[1992]DLCA4287October 29, 1992Court of Appeal

SAMANPA vs. AMPOFO

ESSIEM JA. This is an appeal from the decision of the High Court, Koforidua, constituted by J S Williams J. The said court on 15th day of October 1987, “struck off” the plaintiff-appellant’s action upon a preliminary objection raised by the respondent before that court. Before I deal with the grounds of appeal I propose to give the facts of the case and the circumstances leading to the instant appeal. This dispute relates to the office of the Krontihene of Akim Kotoku. The action herein was commenced by an originating summons by which the plaintiff-appellant sought the following relief from the High Court: “(1) declaration that the decision of the then Akim Kotoku State Council between Obaapanin Afua Donkor as plaintiff and F B Amoah alias Abrokwa Gyampim, as defendant, concerning the rival claims of the Aduana and Asona clans to be eligible to the office of Krontihene of Akim Kotoku, was a nullity as being contrary to the principles of natural justice.” The supporting af...