[1998]DLSC6426June 17, 1998Supreme Court

NANA KWESI ANDZIE VIII vs. NANA ANDZIE BOFO IX

AMPIAH J.S.C. I have had the opportunity of reading before hand the opinion of my brother Acquah, J.S.C. and I am in agreement with him that the appeal should be dismissed. I however have this short comment to make on the judgment of the Judicial Committee of the National House of Chiefs. The Judicial Committee of the National House of chiefs in restoring the decision of the Asebu Traditional Council affirmed the decision that the Stool of Asebu Ekroful belonged to the Defendant's Nsona Family. Having thus found, it was not open to the Committee to order that the plaintiff should stay on the stool until his death and that after his death no other person from his family should claim the Stool or ascend it. It is now accepted that either gazetting a Chief or putting his name on the Register of Chiefs does not put finality to the status of that person. That by itself would not create an estoppel on any person or family which subsequently legitimately claims the Stool. It is true tha...