SARKODEE I vs. BOATENG II [1983]DLSC2180

Date	1983-05-18
Suit No.
Citation No.	[1983]DLSC2180

APALOO C.J.

ADADE JSC

TAYLOR J.S.C.

EDUSEI JA

MENSA BOISON J.A

TSATSU TSIKATA FOR THE APPELLANT.

OSEI NYAME FOR THE RESPONDENT

[1983]DLSC2180
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													<main id="main" class="content" style="min-height: 60rem" >SARKODEE I <o:p></o:p>vs. <o:p></o:p>BOATENG II <o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1982-83] GLR 715<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
18 MAY 1983<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

TSATSU TSIKATA FOR THE APPELLANT. <o:p></o:p>

OSEI NYAME FOR THE RESPONDENT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APALOO C.J., ADADE AND TAYLOR JJ.S.C.,
EDUSEI AND MENSA BOISON JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO C.J.<o:p></o:p>The
appellant is the Kyidomhene of the New Juaben Traditional Area. On 20 August
1973, he filed a “chieftaincy petition” in the Eastern Regional House of
Chiefs. The prayer of the petition was for the “Destoolment of Nana Kwaku
Boateng, Omanhene, New Juaben Traditional Area.” He is the respondent to this
appeal. The petition was brought on a stereotyped form and paragraph 2 of the
form requires the petitioner to state the capacity in which he brought the
petition. He stated his capacity as “Kyidomhene.” The petitioner was required
by paragraph 6 of the form to “state in a concise form the facts and
particulars” on which he would seek to rely in proof of the charges. His answer
was, “see attached charges.”<o:p></o:p><o:p>&nbsp;</o:p>The
appellant attached to the petition, twenty charges serially numbered — some of
them involving the commission of named criminal offences, of the others, one at
least, is an offence involving moral turpitude. He then made a certificate to
the charges in the following words:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“This is
to certify that the contents of the above twenty charges preferred against Nana
Kwaku Boateng II, Omanhene of New Juaben Traditional Area, were read by me in
the Twi language, interpreted and explained to such of the signatories therein
who could not read and write, but who are perfectly prepared to substantiate
the same before touching pen with which their marks and thumbprints were made
thereto.”<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The names
of five persons were then given and their customary offices were stated against
their names. These include the Krontihene, the Twafohene and the Sanaahene.
Except the Abosohene, Nana Adonten Boateng, who apparently signed the petition,
all the others were illiterates and their marks were made. The charges were
then signed by the appellant and bears the date, 18 December 1968.<o:p></o:p><o:p>&nbsp;</o:p>The
wording of the certificate suggests that the named elders were not
co-petitioners but proposed witnesses. A period of almost five years elapsed
between the date of the signing of the petition and the date it was actually
lodged before the tribunal. We have been told that by that date, all the named
elders were dead. Apparently, only the petitioner survived.<o:p></o:p><o:p>&nbsp;</o:p>The fact
of their deaths before the lodgment of the petition and the wording of the
certificate which shows that their role was merely going to be that of
witnesses, make it plain that the only real petitioner was the appellant. Yet
when the petition was formally put before the chieftaincy tribunal, it was
intituled:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“In the
matter of the complaint lodged by Nana Poku Sarkodee I, Kyidomhene of New
Juaben Traditional Area and Others v. Nana Kwaku Boateng II, Omanhene, New
Juaben Traditional Area and Others.”<o:p></o:p><o:p>&nbsp;</o:p>(The
emphasis is mine.)<o:p></o:p>