[2018]DLSC4202July 25, 2018Supreme Court

THE REPUBLIC vs. THE REGISTRAR & PRESIDENT, OF NATIONAL HOUSE OF CHIEFS, KUMASI AND THE REGISTRAR & PRESIDENT, CENTRAL REGIONAL HOUSE OF CHIEFS, CAPE COAST EX-PARTE: EBUSUAPANTIN KOJO YAMOAH AND NANA ABOR YAMOAH

The appellants, Ebusuapanyin Kojo Yamoah and Nana Abor Yamoah II, chiefs of Gomoa Fetteh, challenged the expungement of the 2nd appellant's name from the National Register of Chiefs following a letter from the Central Regional House of Chiefs requesting such removal without notice to them. The appellants filed suit in the High Court, Cape Coast, seeking declarations that the removal was contrary to natural justice and an injunction against acting on the letter. The matter involved jurisdictional challenges and administrative actions by the National and Central Regional Houses of Chiefs regarding the registration and removal of chiefs' names from the Register.

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APPAU, JSC:- This is an appeal against the decision of the Court of Appeal dated 27th February 2017. The 1st appellant is the Ebusuapanyin of the 2nd appellant’s royal family of Gomoa Fetteh whilst the 2nd appellant Nana Abor Yamoah II, is the chief of Gomoa Fetteh. They would, hereinafter, be referred to simply as appellants. The background to this appeal is that; on the 27th day of February 2012, the Central Regional House of Chiefs wrote a letter to the National House of Chiefs requesting the National House of Chiefs to expunge the name of the 2nd appellant from the National Register of Chiefs (Register) as the Chief of Gomoa Fetteh and the Twafohene of Gomoa Akyempim Traditional Area. When the appellants got wind of this letter which was written without any notice to them, they filed a suit in the High Court, Cape Coast against both the National House of Chiefs and the Central Regional House of Chiefs as 1st and 2nd defendants respectively. The reliefs sought in the writ were: .....