NANA YAW NKETSIA VI vs. DR. FIIFI QUAYSON [2011]DLSC6430

Date	2011-06-01
Suit No.	CHIEFTAINCY APPEAL SUIT NO: J2/7/2010
Citation No.	[2011]DLSC6430

ATUGUBA JSC (PRESIDING)

ANSAH JSC

OWUSU (MS) JSC

GBADEGBE JSC

AKOTO BAMFO (MRS) JSC

ELIZABETH OFOSU AGYARE (WITH HER CYNTHIA OPARE) FOR THE APPELLANT

J.A. DAWSON (WITH HIM D.A. OTOO) FOR THE RESPONDENT

[2011]DLSC6430
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													<main id="main" class="content" style="min-height: 60rem" >NANA YAW NKETSIA VI <o:p></o:p>(PETITIONER/RESPONDENT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>DR. FIIFI QUAYSON <o:p></o:p>(RESPONDENT/APPELLANT/RESPONDENT)<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CHIEFTAINCY
APPEAL SUIT NO: J2/7/2010 &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 1ST JUNE, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ELIZABETH
OFOSU AGYARE (WITH HER CYNTHIA OPARE) FOR THE APPELLANT J.A. DAWSON (WITH HIM
D.A. OTOO) FOR THE RESPONDENT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ATUGUBA, JSC (PRESIDING) ANSAH, JSC
OWUSU (MS), JSC GBADEGBE, JSC AKOTO-AND BAMFO (MRS), JSC<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;
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JUDGMENT<o:p></o:p>

</div>GBADEGBE
JSC <o:p></o:p>We
have before us in these proceedings an appeal from the decision of the Judicial
Committee of the National House of Chiefs of 29 July 2009 that dismissed an
appeal in the matter herein from the judgment of the Judicial Committee of the
Western Region House of Chiefs. By its decision the National House of Chiefs
affirmed the judgment of the Judicial Committee of the Western Region House of
Chiefs which had allowed an appeal from the decision of the Judicial Committee
of the Ahanta Traditional Council in the matter herein. In the action before
the Ahanta Traditional Council, the appellant sued in his capacity as the
divisional Chief of Takoradi against the respondent claiming reliefs that are
in their nature causes affecting chieftaincy. The reliefs claimed in the action
herein by the appellant against the respondent are as follows:<o:p></o:p>(a) A declaration that the Defendant’s purported
nomination, election and installation as chief is null and void and of no
effect. <o:p></o:p>(b) A declaration that the defendant is not the chief
of new Takoradi, Takoradi or of any place. <o:p></o:p>(c) A perpetual injunction restraining the Defendant
from acting or holding himself out as the Chief of New Takoradi, Takoradi or of
any place within the jurisdiction of the Ahanta Traditional Area.<o:p></o:p>&nbsp;In compliance with the practice and procedure
of chieftaincy tribunals, the appellant filed a statement of case, which spelt
out the facts on which he relied to sustain the action against the respondent.
Upon service on the latter of the processes that initiated the action before
the traditional council; he also filed his response to the claim against him
and counterclaimed for the following reliefs: <o:p></o:p>(a)
A declaration that the purported nomination, election and installation of the
plaintiff as the chief of Takoradi or Takoradi New Takoradi is null and void
and of no effect, he not hailing from the Akona Royal family of Takoradi. <o:p></o:p>(b)
The plaintiff should be perpetually restrained from acting or holding himself
out as the Divisional Chief of Takoradi or the chief of New Takoradi or the
Chief of any town, village or place within Takoradi Division of the Ahanta
Traditional Area. <o:p></o:p>(c)
The Defendant is the duly nominated, elected and installed Divisional Chief of
Takoradi with the stool name Osahene Katakyi Busumakura III <o:p></o:p>The
matter proceeded to a trial that was determined in favour of the appellant
against the respondent. In its judgment, the Judicial Committee of the Ahanta
Traditional Council was of the view that the position of chief was one that was
available to two royal houses and rotational. As a result of this, the panel
concluded that the previous occupant of the Akona stool having come from the
line of the respondents, the successor must come from the other line- that of
the appellants. In its delivery that is contained at pages 47-50 0f the record
of proceedings, the panel at page 50 pronounced as follows. <o:p></o:p>"The Committee is therefore of
the opinion that since Nana Busumakura II, was the incumbent chief of Takoradi
from the AMOA EKUA’s section of the family and died as the reigning chief, it
is now the turn of ADWOA AMOANU’s section of the family to elect and install a
chief of Takoradi. Judgment is therefore entered in favour of the
Plaintiff."<o:p></o:p>&nbsp;Following the delivery of the said judgment,
the respondents lodged an appeal to the Western Region House of Chiefs. After
hearing the parties, the Judicial Committee in its judgment came to a different
conclusion on the proven facts and in particular allowed the appeal that was
lodged before it by the respondents. By the said judgment, the installation of
the respondent which the appellant called in question by his action before the
Ahanta Traditional Council was confirmed. As a result of the said decision, the
appellant herein filed an appeal to the Judicial Committee of the National
House of Chiefs which in its judgment of the 29th July 2009 dismissed his
appeal and affirmed the decision of the Judicial Committee of the Western
Region House of Chiefs. The instant proceedings arise before us by virtue of an
appeal therefrom by the appellant who seeks a reversal of the decision in his
favour. <o:p></o:p>It
is observed that </main>