OSU STOOL vs. UNILEVER (GH) LIMITED [2006]DLSC2430

Date	2006-05-17
Suit No.	CIVIL APPEAL NO.J4/2/2006
Citation No.	[2006]DLSC2430

Atuguba J.S.C.(Presiding)

Mrs. Wood J.S.C

Prof. Ocran J.S.C

Ansah J.S.C

Aninakwa J.S.C.

MR. FRANCIS ACHIBONGA APPELLANT.

MR. ADUMUA-BOSSMAN FOR RESPONDENT.

[2006]DLSC2430
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >OSU STOOL<o:p></o:p>vs.<o:p></o:p>UNILEVER (GH) LIMITED<o:p></o:p>[SUPREME
COURT]<o:p></o:p>CIVIL
APPEAL NO.J4/2/2006<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: 17th&nbsp;&nbsp; May, 2006.<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
FRANCIS ACHIBONGA APPELLANT.<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">

MR.
ADUMUA-BOSSMAN FOR 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 1.0pt 0in">

Atuguba,
J.S.C.(Presiding), Mrs. Wood, J.S.C/, Prof. Ocran, J.S.C., Ansah, J.S.C.,
Aninakwa, J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>J U D G M E N T<o:p></o:p>ATUGUBA, J.S.C:<o:p></o:p>The
Osu Stool, the appellant herein purportedly acting through its lawful attorney,
Nii Ako Nortei II, the Mankralo of Osu brought an action in the High Court
Accra in respect of some Lands in Accra.&nbsp;
However, Nii Nortey Owuo III intervened in the said suit by motion
praying to be substituted as the sole person who can represent the Osu Stool in
that litigation on the ground that he is the Osu Mantse. &nbsp;The High Court dismissed his application.&nbsp; When his application for Review failed he
successfully appealed to the Court of Appeal.&nbsp;&nbsp;&nbsp;
The Mankralo has appealed to this court.<o:p></o:p>The
Mankralo’s counsel submits that the applicant/respondent/respondent’s application
for substitution, in his stead, as the sole and proper person to represent the
Osu Stool in the aforementioned suit in the High Court was fought on affidavit
evidence, which showed that the intervener’s claim to be the Osu Mantse (Chief
of Osu) was challenged by him.&nbsp; In the
circumstances, so the argument goes, this was a cause or matter affecting
chieftaincy over which the High Court has no jurisdiction to determine.<o:p></o:p>&nbsp;On the facts of this case no real or genuine
question arose concerning chieftaincy.&nbsp;
The intervener attached to his motion, exhibit NNOI from the National
Register of Chiefs evidencing his status as the Osu Mantse.&nbsp; Under Section 50(8) of the Chieftaincy Act, 1970
(Act 370) such an extract being evidence of “The contents of the Register shall
be prima facie evidence of any facts or particulars stated therein.”<o:p></o:p>The
appellant sought to nullify the effect of exhibit NNOI by resort to exhibit JKI
and a publication in the Local Government Bulletin No.158 dated 15th August
1986.&nbsp; Exhibit JKI is a letter from the
Greater Accra Regional Administrative Officer, dated 5th August 1986 stating
inter alia that in accordance with “Government directive as announced on Friday
1st August, 1986 regarding the above subject,”&nbsp;
government had withdrawn recognition from the intervener as Osu Mantse
and that all processes leading to the acquisition of his status as a chief had
been utterly nullified.&nbsp; In the court of
Appeal the appellant’s counsel fastened on this and with ingenuity contended
that as this was an act of the PNDC government the same is rendered inviolable
by the transitional provisions of the 1992 Constitution.&nbsp; It is noticeable however that the publication
in the Local Government Bulletin, No. 158 dated 15th August 1986, though
subsequent in time to the said letter of the Regional Administrative Officer,
merely relates to withdrawal of recognition.&nbsp;
Indeed exhibit JKI itself is headed “GOVERNMENT WITHDRAWAL OF
RECOGNITION OF NII NORTEY OWUO III (KNOWN IN PRIVATE LIFE AS DAVIT NORTEY
ASHONG) AS OSU MANTSE”<o:p></o:p>It
is common knowledge that the PNDC did not alter the substantive positions of
chiefs in the manner claimed for the Letter of the Regional Administrative
Officer.&nbsp; The PNDC did so through
enactments.<o:p></o:p>The
Regional Administrative Officer’s letter merely recited an alleged governmental
directive without setting the same out.&nbsp;
Against the known legal framework within which the PNDC and past
governments dealt substantively with chieftancy in this country, namely by
legislation, it cannot be said that the RAO’s letter has raised any real
presumption of regularity of official acts.&nbsp;
It is too erratic.&nbsp; It is inherent
in exhibit JKI that the RAO misunderstood the legal import of withdrawal of
governmental recognition of a chief.<o:p></o:p>In
the circumstance the appellant should have provided the factual proof upon
which the transitional provisions shielding the acts of the PNDC can be
invoked, see REPUBLIC V. DIRECTOR OF PRISONS; Ex-parte SCHACKLEFORD (1981) GLR
554 and KWAKYE V. ATTORNEY GENERAL (1981) GLR 9 S.C.&nbsp; The appellant did not do so.&nbsp; The Court of Appeal therefore held that
exhibit JKI had no value as to the customary status of the respondent.&nbsp; It is trite learning that mere governmental
withdrawal of recognition as it obtained before the 1979 – 92 constitutions of
Ghana, operated to deprive the affected chief not of his customary status and
functions as a chief but only his statutory functions.<o:p></o:p>The
appellant also contends that the Court of Appeal’s reliance on exhibit NNO3, a
ruling of the Ga Traditional Council dated the 28th day of March 2002 in Suit
No.G TC/JC.2/99 entitled Solomon Nortey Owuo vs.&nbsp; Emmanuel Quarshie Nortey &amp; another
dismissing the Plaintiff’s action, apparently seeking to impeach the chiefly
status of the respondent is erroneous.&nbsp;
It is said that because of the pendency of an appeal therefrom to the
Greater Accra Regional House of Chiefs it is a cause or matter affecting
chieftaincy, over which the ordinary courts have no jurisdiction.&nbsp; It is difficult to appreciate this
contention.&nbsp; The pendency of an appeal
does not mean that there is no subsisting judgment on the subject matter of the
appeal, which can be used for legal purposes.<o:p></o:p>The
mere incidence of an issue relating to chieftaincy in proceedings in the
ordinary courts does not constitute it as a cause or matter affecting
chieftaincy.&nbsp; Whether it is so or not
depends on whether on the facts of the particular case a genuine cause or
matter affecting chieftaincy has arisen, see REPUBLIC V. HIGH COURT, KOFORIDUA;
EX PARTE BEDIAKO II (1998-99) SCGLR91.&nbsp;
It must be stresses that the action in the High Court, ab initio,
concerned ordinary landlord and tenant and not chieftaincy.<o:p></o:p>In
NYAMEKYE V. TAWIAH (1979) GLR 265 C.A (Full Bench) at 269 Apaloo C.J delivering
the judgment of the court said:&nbsp; “The
policy&nbsp; reason underlying the statutory
conferment of both original and appellate jurisdiction in chieftaincy disputes
on traditional tribunals, is that the personnel of those courts are, by reason
of their background and training, knowledgeable in</main>