[2013]DLCA8114 • October 31, 2013 • Court of Appeal
NANA NYAMEKEH BOADI II AND ABUSUA KPANYINLI ASUAH EKEYEBOE vs. MARK JACKSON WESTERN REGION HOUSE OF CHIEFS
The appellant was installed as Paramount Chief of Eastern Nzema under the stool name Amihere Kpanyinli III. The respondents, chiefs and elders of the Nvavile stool and Royal Nvavile Clan of Awiaso, contended that the stool name 'Amihere Kpanyinli' is peculiar to their royal family and that no ancestor of the appellant bore that name. They claimed that the appellant's use of the name would cause confusion and chaos in Eastern Nzema. The respondents issued a writ seeking declarations that the name was exclusive to their family, an injunction to restrain the appellant from using the name, and damages for trespass.
read moreHONYENUGA, J.A. This is an appeal by the 1st defendant/appellant against the decision of the High Court, Sekondi dated the 25th day of July 2011. The said decision dismissed the 1st defendant/appellant’s application to strike out the plaintiffs/respondents’ action on the grounds that it disclosed no reasonable cause of action and for a further order dismissing the action. The facts of this appeal is that the 1st defendant/appellant was installed as the Paramount Chief of Eastern Nzema under the stool name of Amihere Kpanyinli III. The plaintiffs/respondents who are the Chief of Awiaso, an elder of the Nvavile stool and head of the Royal Nvavile Clan of Awiaso all in the Eastern Nzema respectively insist that no ancestor from the 1st defendant/appellant’s family ever bore the stool name that the 1st defendant/appellant had assumed. The plaintiffs/respondents also insist that that stool name is peculiar or akin to only their royal stool family and if the 1st defendant is be ...