[1999]DLSC6434 • May 19, 1999 • Supreme Court •
OPANIN KWAME FRIMPONG AND OBAAPANIN AKOSUA ANANEWAAH vs. AKOSUA NYARKO
The case arose from a chieftaincy dispute concerning the rightful installation of the queenmother of Agona/Ashanti. The petitioners, descendants of Tiwaa and Yaa Awe of the Asinie royal family, challenged the installation of Akosua Nyarko from the Senchire family by the Omanhene, contending that only their lineage had the exclusive right to the queenmother stool. The petitioners filed a chieftaincy petition at the Ashanti Regional House of Chiefs (ARHC), which was later appealed to the National House of Chiefs (NHC). The petitioners discontinued action against two defendants who died, leaving Akosua Nyarko as sole defendant. The NHC struck out the petitioners' action, leading to the present appeal to the Supreme Court.
read moreEDWARD WIREDU, J.S.C. The matter before us to which this opinion relates is supposed to be an appeal against an interlocutory order of the Judicial Committee of the National House of Chiefs. The main issue raised for consideration by the Court is whether the Petitioners in this case who are complaining to be aggrieved by that decision have taken all the necessary steps as required by law to entitle them to a hearing? To answer the above it must first be appreciated that the right to appeal against a decision of any lower court is conferred by Statute. In other words the right to appeal is not inherent in any litigant. It is a right conferred by statute. In like manner a courts jurisdiction to hear and determine an appeal is provided by statute. In NYE V. NYE (1957) G.I.R. 78 at page 82 and 83 Akufo-Addo, C.J. (as he then was) had this to say "it must be appreciated that there is no right of appeal in a litigant nor is there an inherent power in any court to hear an appeal." ...