[2013]DLCA3634 • March 21, 2013 • Court of Appeal
NANA BUKWEI TAKYI vs. OPANYIN KWAKU SAKYI
The plaintiff/respondent filed a writ in the High Court, Cape Coast seeking to set aside judgments of the Judicial Committee of the Central Region House of Chiefs, the National House of Chiefs, and the Supreme Court, which had declared the enstoolment of the plaintiff as null and void. The plaintiff contended that the original action should have been commenced at the Judicial Committee of the Eguafo Traditional Council, not the Central Region House of Chiefs, rendering the prior proceedings and judgments null and void. The defendant/appellant resisted this action.
read moreDENNIS ADJEI, J.A: The plaintiff/respondent issued a writ in the High Court, Cape Coast to set aside the judgment which was determined by the Judicial Committee of the Regional House of Chiefs and affirmed by the Judicial Committee of the National House of Chiefs and the Supreme Court. On 7th July 1987, the Judicial Committee of the Central Region House of Chiefs by a majority decision inter alia, declared the enstoolment of the Respondent therein as null and void. The respondent therein is the plaintiff/respondent in this appeal. The decision of the Judicial Committee of the Central Region House of Chiefs was affirmed by the Judicial Committee of the National House of Chiefs on 8th May, 1991. On 17th February 1999, the Supreme Court also affirmed the judgment of the Judicial Committee of the National House of Chiefs. Some few months after the Supreme Court had delivered its judgment in that chieftaincy matter; the plaintiff herein filed a writ at the High Court to set aside the major...