THE REPUBLIC vs. CENTRAL REGIONAL HOUSE OF CHIEFS EX PARTE OPANYIN KOBINA AMOAH AND KOJO NHRUMAH

The occupant of the Adonten Stool of the Twifo Hyeman Traditional Area died. Succession to that stool was the prerogative of the Aberadze family. It was alleged that the Obaapaanin and head of that family, acting on instructions of the paramount chief of Twifo Hemang Traditional Area (the first respondent), sought to impose Mensah Marfo as Adontenhene, who was not from the rightful lineage. The Stool elders filed a petition in the Central Regional House of Chiefs to prevent this installation. The appellants applied to the Cape Coast High Court to restrain the Regional House from hearing the petition on jurisdictional grounds, arguing that the Adonten stool is divisional and disputes involving it fall under the Twifo Heman Traditional Council, not the Regional House of Chiefs. The respondents contended that since the dispute involved a paramount chief, the Regional House had jurisdiction.

BROBBEY, J.S.C: The undisputed facts in this application were that the occupant of the Adonten Stool of the Twifo Hyeman Traditional Area died: Succession to that stool was the prerogative of the Aberadze family of that Traditional Area. It was alleged that the Obaapaanin and head of that family were acting on the instructions of the paramount chief of Twifo Hemang Traditional Area, the first respondent herein, to impose on the stool as a Adontenhene one Mensah Marfo who did not hail from the right lineage of the Adonten Stool. The litigation started by the Stool elders filing a petition in the Central Regional House of Chiefs for a declaration to prevent the installation of Mensah Marfo as Adontenhene. The appellants in the instant appeal then filed an application in the Cape Coast High Court to restrain the Regional House from hearing the petition on the grounds of want of jurisdiction. The basis of the application was this; the general rule is that Regional Houses of Chiefs a...