[2013]DLCA3115 • January 24, 2013 • Court of Appeal
THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS EX-PARTE: NANA BARIMAH AND ANOTHER
The applicant/respondent, Nana Barimah Antwi Boasiako II, was installed and registered as Tufuohene of Duayaw Nkwanta Tradition Area in 1982. He later declared secession from the Duayaw Nkwanta Traditional Council. The Council submitted a vacation form to the Brong Ahafo Regional House of Chiefs, which recommended to the National House of Chiefs to expunge the applicant's name from the Register of Chiefs. On 5 June 2008, the National House of Chiefs expunged his name on grounds of secession. The applicant contended he was never destooled and challenged the expungement for non-compliance with the Chieftaincy Act, 1971 (Act 370) and the Standing Orders, and for denial of hearing before removal.
read moreAYEBI J.A. This is an appeal against the ruling of the High Court, Kumasi delivered on 27th May 2011. The Ruling is in respect of the preliminary objection raised by the respondent/appellant that the application for judicial review was filed out of time. The basis of the application is as follows: The applicant/respondent, Nana Barimah Antwi Boasiako II was installed as chief of Adorbaa and registered in the Register of Chiefs by the respondent/appellant in 1982 as Tufuohene of Duayaw Nkwanta Tradition Area. The applicant/respondent of late declared that he has seceded from the Duayaw Nkwanta Tradition Council. The Duayaw Nkwanta Traditional Council thereon submitted to the Brong Ahafo Regional House of Chiefs a vacation form reporting the fact that applicant/respondent had vacated his set as Adrobaahene and Tufuohene of the Duayaw Nkwanta Traditional Area. The Brong Ahafo Regional House of Chiefs upon receipt of the vacation forms also recommended to the National House of Ch...