NANA ATOAA SRAMANGYEDUA III, NANA DR. ABREFA MENSAH ABRAMPA, NANA OWUSU ACHIAW KUSI II AND OHENEBA DR. KRABIRI BOATENG I vs. KWADWO NYAM NKETIA, WENCHI, NANA OWUSU ANSA KOKROKO AND NANA KUMI ADUSI POKU [2011]DLSC4106

NANA ATOAA SRAMANGYEDUA III, NANA DR. ABREFA MENSAH ABRAMPA, NANA OWUSU ACHIAW K... [2011]DLSC4106

Date	2011-10-26
Suit No.	CHIEFTAINCY APPEAL NO. J2/1/2011
Citation No.	[2011]DLSC4106

BROBBEY (PRESIDING) J.S.C.

DR. DATE-BAH J.S.C.

BAFFOE-BONNIE J.S.C.

ARYEETEY J.S.C.

AKOTO-BAMFO (MRS.) J.S.C.

NANA ASANTE BEDIATUO FOR THE APPELLANTS.

MUJEEB RAHMAN AHMED WITH HIM MICHAEL KWABENA ATTA-AGYEI FOR THE RESPONDENTS.

[2011]DLSC4106
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													<main id="main" class="content" style="min-height: 60rem" >NANA ATOAA SRAMANGYEDUA
III, NANA DR. ABREFA MENSAH ABRAMPA, NANA OWUSU ACHIAW KUSI II AND OHENEBA DR.
KRABIRI BOATENG I<o:p></o:p>vs.<o:p></o:p>KWADWO NYAM NKETIA,
WENCHI, NANA OWUSU ANSA KOKROKO AND NANA KUMI ADUSI POKU<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<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">

CHIEFTAINCY APPEAL NO. J2/1/2011 &nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE:
26TH
OCTOBER, 2011<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>NANA ASANTE BEDIATUO FOR
THE APPELLANTS. ,<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">

MUJEEB
RAHMAN AHMED WITH HIM MICHAEL KWABENA ATTA-AGYEI FOR THE RESPONDENTS.<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">

BROBBEY
(PRESIDING) J.S.C., DR. DATE-BAH J.S.C., BAFFOE-BONNIE J.S.C.,&nbsp; ARYEETEY J.S.C.,&nbsp; AKOTO-BAMFO (MRS.) J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGMENT <o:p></o:p>

</div>BROBBEY JSC: <o:p></o:p>This
is the unanimous judgment of the court. The facts which gave rise to this
litigation were as follows:&nbsp; Nana Abrefa
Mbore Bediatuo VII was the paramount chief of Wenchi Traditional area.&nbsp; He died on July 7, 2004. After his death, a
former chief of Wenchi, Nana Kusi Appea, filed a petition at the Brong Ahafo
Regional House of Chiefs. The petition was against the Wenchi Queen mother and
the Wenchi Traditional Council. The petition was mainly for a declaration that
he was the sitting chief of Wenchi Traditional Area. The petition was filed in April
2005. It was finally determined in favour of the queen mother and the
Traditional Council on the 6th of June 2006. A series of meetings
followed the determination of the case on that day. The most relevant of the
decisions taken at the meetings was that the king makers requested the queen
mother to nominate a person to be considered as a chief for the Wenchi Traditional
Area to replace the deceased chief.<o:p></o:p>The
queen mother replied that she needed three weeks to make the nomination. The
king makers who made the request to the queen mother were of the opinion that
since the death of the last chief, the stool of Wenchi had been vacant for some
time and needed to be occupied. They premised their demand on the facts that
already two royals had expressed interest in the position of the chief and had
made the necessary approaches to the queen mother to that effect. Further, the
process of replacing the chief had started soon after the former chief died in
2004. It was not new to the contestants, the queen mother and the king makers. They
therefore insisted that they could not wait for as long as three weeks demanded
by the queen mother for a chief to be nominated. The queen mother on the other
hand maintained that there were consultations to be made and other contestants
had to be given the chance to put forward their interests and therefore she
could not be hustled into making &nbsp;the
nomination as immediately as the king makers demanded.<o:p></o:p>Following
what appeared to be a stalemate, the king makers approached the queen mother
three times for her to nominate a candidate to be considered as the chief of
Wenchi. According to the king makers, she delayed unreasonably. They therefore
approached Madam Abena Frema Atuahene who performed the customary tasks which
would have been performed by the queen mother in respect of the nomination and
installation of the chief. Eventually, Kwadwo Nyam Nketia, hereinafter referred
to as the first respondent, was nominated, enstooled and installed as the chief
of Wenchi to replace the deceased Nana Abrefa Mbore Bediatuo VII.<o:p></o:p>The
queen mother, the Wenchi Abakomahene and Wenchi Jumankwaihene filed a petition
in the Brong Ahafo Regional House of chiefs. The respondents to the petition
were Kwadwo Nyam Nketia, the chief elect, Nana Owusu Ansa Kokroko, the
Krontihene and Acting Omanhene of Wenchi and Nana Kumi Adusi Poku, Gyasehene of
Wenchi as the first, second and third respondents respectively. The reliefs
claimed in the petition were for:<o:p></o:p>“a. A declaration that the purported nomination of
the first respondent by Madam Abena Frema Atuahene as the candidate for Wenchi
paramount stool is void;<o:p></o:p>b. A declaration that the first petitioner is the
rightful person to nominate a candidate to the King makers of Wenchi
Traditional Council to be installed as the Omanhene of Wenchi. <o:p></o:p>c. A declaration that the 2nd and 3rd
respondents cannot install and enstool the 1st respondent as the
Omanhene of Wenchi as the person who purported to nominate him lacks capacity
to do so.<o:p></o:p>d. An order for perpetual injunction restraining
the 1st respondent from styling or holding himself as the Chief of
Wenchi;<o:p></o:p>e. An order of perpetual injunction restraining the
2nd and 3rd respondents from installing and enstooling
the 1st respondent as the Chief of Wenchi.”<o:p></o:p>In
the Regional House of Chiefs, judgment was given in favour of the respondents.
The petitioners appealed to the National House of Chiefs which entered judgment
for the petitioners. It was against the latter judgment that the appellants who
were respondents to the original petition have appealed to this court.<o:p</main>