[2008]DLSC6407 • June 18, 2008 • Supreme Court •
GARIBA DINTIE AND 6 OTHERS vs. LURIWIE KANTON IV AND 5 OTHERS
The dispute concerns the rightful succession to the Nabugubelle skin following the death of Bayua Doho, who was declared rightful chief in a 1984 judgment nullifying the enskinment of Dakui Kujeke. After Bayua Doho's death in 1999, two claimants, Alhaji J.K. Alhassan and Francis Bachan Dakui, each claimed the chieftaincy, leading to petitions before the Upper West Regional House of Chiefs and subsequently the National House of Chiefs. The core issue was whether the 1984 judgment by the Sissala Confederacy Traditional Council was binding on the parties and their privies, thereby estopping relitigation of the chieftaincy succession.
read moreANSAH, J.S.C. This is an appeal against the judgment of the National House of Chiefs delivered on 17th September 2004, affirming the judgment of the Upper West House of Chiefs. Before dealing with the grounds of appeal, it is necessary to dispose of the preliminary objection by the respondent. The grounds of objection were that the reply by the appellant was not worthy of that name for it was contrary to Rule 15(5) of CI 16, and was a second bite, re-arguments or a continuation of the address already submitted. In response, the appellant maintained the reply conformed to the legal requirements in the Rule (15(5). The appellant further explained, the reply firstly, pointed out that this appeal was not against the decision by the Sissala Traditional Council as submitted erroneously by the respondent and also that the NHC based its decision without reference to the parties before it. Rules 15 (5) and (6) referred to by both sides were as follow: “(5) The appellant may within fourt.....