[2012]DLSC6422May 22, 2012Supreme Court

NANA ADWOA EFFIA AND GODFRED KWOFIE vs. NANA TAIBA II AND OTHERS

The appellants petitioned the Judicial Committee of the Western Regional House of Chiefs claiming ownership and kingmaker status over the Royal Sewuah Paramount Stool of Bamiankor and challenged the nomination and enstoolment of Henry Acquah without their consent. The respondents contested the petition, raising procedural and substantive objections including lis alibi pendence, arguing a similar suit was pending. The Regional House dismissed the petition, and the National House of Chiefs affirmed that decision. The appellants appealed to the Supreme Court.

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WOOD (MRS) C.J: On the 25th of October, 2007, the Judicial Committee of the National House of Chiefs dismissed the appeal from the adjudicating body of the Western Regional House of Chiefs, that is’ the Judicial Committee of the House. Dissatisfied, the petitioners/appellants are, by way of an appeal to this court, challenging the said decision on the following grounds: GROUNDS OF APPEAL “1. The Judicial Committee of the National House of Chiefs erred when they relied on extraneous matters which did not form part of the record of Appeal to deliver their judgment. 2. The Judicial Committee of the National House of Chiefs erred when they held that the Petitioners/Appellants herein cannot maintain the present action as their family member had sometime ago instituted an action against some of the Respondents herein and they should go to the Judicial committee of the Regional House of Chiefs to continue with the hearing of the matter. 3. The Judicial committee of the National Ho...