THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS, KUMASI EX-PARTE; NII LARBIE MENSAH IV & ORS.

The appellant, Francis Nii Aryee Addoquaye, was enstooled as Ablekuma Mantse and Sempe Atofo under the stool name Nii Larbie Mensah IV. His name was entered in the National Register of Chiefs following processing by the Ga Traditional Council and the National House of Chiefs. Subsequently, Adjin Tettey, claiming to be the rightful chief under the same stool name, filed for judicial review mandating the National House of Chiefs to remove the appellant's name and insert his own, based on a prior recognition by the Judicial Committee of the Ga Traditional Council. The High Court granted the application, and the Court of Appeal dismissed the appellant's appeal but varied costs. The appellant then appealed to the Supreme Court.

ATUGUBA, J.S.C: Facts of the Case The Appellant herein known in private life as Francis Nii Aryee Addoquaye was enstooled Ablekuma Mantse and Sempe Atofo under the Stool name of Nii Larbie Mensah IV. There was no writ/petition against his installation. As a result, his Chieftaincy Declaration (CD) Forms were duly processed by the Ga Traditional Council and forwarded to the National House of Chiefs through the Greater-Accra Regional House of Chiefs for his name to be inserted in the National Register of Chiefs. The name of the Appellant was inserted in the national Register of Chiefs on the 23rd day of May 2006 as having been enstooled on the 14th day of April 2000. Sometime in or about September 2006, Adjin Tettey who also claimed that he had been installed as Ablekuma Mantse and Sempe Atofotse under the Stool name of Nii Larbi Mensah IV filed an application for Judicial Review in the nature of mandamus directed at the National House of Chiefs to remove the name of the Appellant...