IN THE MATTER OF AN APPLICATION FOR AN ORDER OF MANDAMUS THE REPUBLIC vs. THE PRESIDENT, NATIONAL HOUSE OF CHIEFS, KUMASI AND THE REGISTRAR NATIONAL HOUSE OF CHIEFS, KUMASI EX PARTE; NANA AMOA VII (DECD.) AND 2 OTHERS

ADUAMA OSEI JA:A In this judgment, the Interested Party/Appellant is referred to as “the Appellant”, and the Applicants/Respondents are referred to as “the Respondents”. On the 12th of January, 2007, the Respondents filed a motion in the High Court, Kumasi, praying for an order of mandamus directed at the Registrar and the President of the National House of Chiefs. The order was to remove the name of Kweku Benyi also known as Nana Amoa VII from the National Register of Chiefs and to cancel an Extract from the said Register bearing serial number 952 issued to Kweku Benyi. In the affidavit supporting the application, the Respondents described themselves as the Chief of Amosima, the Queenmother of Amosima and the Head of the Royal Ebradze No. 1 Family of Amosima repectively. The Respondents alleged in their affidavit that in 1979, the 1st Respondent had been nominated, elected and installed as Chief of Amosima. They stated that the 1st Respondent’s installation had been...