[2018]DLCA4410January 16, 2018Court of Appeal

ABUSUAPANYIN KWABENA FRIMPONG vs. OPANIN KOFI AMOAKO

AGYEMANG, JA: In this appeal against the ruling of the Circuit Court, Koforidua, delivered on the 3rdday of August 2015, the plaintiff/appellant, hereafter referred to as the appellant, seeks a setting aside of the ruling of the court and seeking in its place a retrial by the Circuit Court differently constituted. The matter giving rise to the instant appeal is sufficiently simple. The plaintiff, the Abusuapanyin of the Nana Anima lineage of the Agona Royal Stool of Akyem Hweakwae, commenced an action against the defendant/respondent herein (referred to as the defendant). The plaintiff sought the following reliefs: an order that the defendant, at the time of causing the processing and issue of the 10th January 2011 installation notice by the Registrar of the Akyem Kotoku Traditional Council, Akyem Oda, was not the legitimate Abusuapanyin of the Akyem Hweakwae Agona Royal Stool; and, an order setting aside the said installation notice for fraud, it being in contravention of the S. 6...