[2015]DLSC3237 • May 28, 2015 • Supreme Court •
THE REPUBLIC vs. WASSA FIASE TRADITIONAL COUNCIL AND NANA AKWASI SOMPREY II EXPARTE:-ABUSUAPANYIN KOFI NYAMEKYE AND OTHERS
The case arose from an attempt by some persons to install a rival chief at Dumase Wassa in the Wassa Fiase Traditional Area, leading to their arrest and arraignment on breach of peace charges. The Wassa Fiase Traditional Council applied to the Circuit Court, Tarkwa, to withdraw the matter for settlement, but the settlement failed and the case was referred back to court. The Applicants challenged the decision of an arbitration panel set up by the Traditional Council, which made adverse decisions affecting the Applicants' customary authority and rights over the Dumase stool and lands, without their notice or participation.
read moreDOTSE JSC: This is an appeal by the Applicants/Appellants/Appellants, hereafter referred to as the Applicants, against the judgment of the Court of Appeal, dated 16th May2013which was in favour of the Respondents/Respondents/Respondents, hereafter referred to as Respondents. From the above brief narration, what is certain is that, both the trial High Court and the first appellate court, the Court of Appeal all made findings of fact against the Applicants and ruled against them respectively. There is no doubt therefore that, on the present state of the decided cases, the Applicants have a difficult task in attempting to set aside two concurrent findings of fact made against them, even though such a task is not insurmountable. See cases such as Obeng v Assemblies of God Church [2010] SCGLR 300, Achoro v Akanfela [1996-97] SCGLR 209just to mention a few. FACTS OF THE CASE An attempt by some persons to install a rival chief at Dumase Wassa in the Wassa Fiase Traditional Area, led to ...