[1994]DLSC705July 26, 1994Supreme Court

ANSU-AGYEI AND OTHERS vs. FIMAH AND OTHERS

JUDGMENT OF AMPIAH JSC Delivered the judgment of the court. This is an appeal from the decision of the chieftaincy tribunal of the National House of Chiefs. The petitioners in this matter instituted chieftaincy proceedings against the respondents at the chieftaincy tribunal of the Brong-Ahafo Regional House of Chiefs. The respondents raised a preliminary objection against the tribunal on the ground that that tribunal was incompetent to entertain the action since the matter did not involve a paramount stool or an occupant of a paramount stool. The tribunal overruled the objection and insisted on hearing the matter. Whereupon the respondents appealed against the ruling to the chieftaincy tribunal of the National House of Chiefs. The National House of Chiefs’ tribunal upheld the appeal but ruled that it had jurisdiction itself to exercise original jurisdiction in the matter. It relied on section 23(3) of the Chieftaincy (National and Regional Houses of Chiefs) Procedure Rules, 197.....