NANA NIFA ABANKRO AND OTHERS vs. NANA BOAKYE ANSAH [2016]DLSC2868

Date	2016-03-09
Suit No.	CIVIL APPEAL NO. J2/2/2009
Citation No.	[2016]DLSC2868

AKUFFO JSC (MS) (PRESIDING)

BAFFOE - BONNIE JSC

AKOTO – BAMFO (MRS) JSC

APPAU JSC

PWAMANG JSC.

OBENG MANU JNR ESQ. FOR THE DEFENDANT/APPELLANT /APPELLANT.

P. ADU – GYAMFI ESQ. FOR THE PLAINTIFFS/RESPONDENTS /RESPONDENTS.

[2016]DLSC2868
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													<main id="main" class="content" style="min-height: 60rem" >NANA NIFA ABANKRO AND
OTHERS<o:p></o:p>vs.<o:p></o:p>NANA BOAKYE ANSAH<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J2/2/2009&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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
DATE: 9TH
MARCH, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>OBENG MANU JNR, ESQ.&nbsp;
FOR THE DEFENDANT/APPELLANT /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">

P.&nbsp; ADU – GYAMFI
ESQ. FOR THE PLAINTIFFS/RESPONDENTS /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;
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AKUFFO
JSC (MS) (PRESIDING), BAFFOE - BONNIE JSC, AKOTO – BAMFO (MRS) JSC, APPAU JSC,
PWAMANG 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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JUDGEMENT<o:p></o:p>

</div>BAFFOE-BONNIE
JSC <o:p></o:p>This is an appeal against
the decision of the Judicial Committee of the National House Of Chiefs (JCNHC)
refusing to enlarge time within which to appeal against the decision of the
Judicial Committee of the Adansi Traditional Council (JCATC) This appeal is pursuant
to leave granted by this court on 3rd May 2013.<o:p></o:p>While preparing to write
this decision we were served with a process titled AFFIDAVIT TO PULL OUT FROM
THE CASE sworn to by Nana Nifa Abankro the first plaintiff /respondent in this
case.. The 10 paragraph affidavit recounted the effect the suit has had on the
development of the traditional area and concluded as follows;<o:p></o:p>8/ That, having thought
about the bad effect the court case is having bad effect (sic) on the township
I have decided to pull out from this case as the leader of the plaintiffs.<o:p></o:p>9/ That, I am therefore
praying with the honourable Supreme Court Accra to strike my name from the case
as the leader of the plaintiffs.<o:p></o:p>10/ That, I make this
declaration to testify and certify that I am no more interested to pursue the
case any further and that I have pull out from it absolutely for good.<o:p></o:p>This document signed by
the first plaintiff personally was not accompanied by any motion and we do not
know whether his counsel saw it and approves of it.<o:p></o:p>We do not know exactly the
prayer that the deponent of the affidavit wants to convey. He recalls the
negative effects that this suit is having on the traditional area and the need
to discontinue with the action to heal wounds. If this is a sentiment shared by
all the plaintiffs, then we think that the affidavit should be deposed to by
all the plaintiffs or on their behalf, and they should be seeking to
discontinue with the suit altogether. But the deponent assumes that being the
first plaintiff he is the leader of the plaintiffs and therefore his prayer
affects them. Unfortunately, even if he is the ring leader or leader of the
malcontents, the law recognizes the other plaintiffs as plaintiffs in their
individual rights. So, even if he is struck off the list the case will still go
on.<o:p></o:p>But looking at the bigger
picture we believe that the procedure adopted by the first plaintiff to have
his name struck off is wrong.&nbsp; At this
stage in the proceedings if a party wants to opt out it can only be done with
the leave of the court. Leave of the court is sought through a motion paper
supported by an affidavit. Merely filing an affidavit and saying that he has
pulled out of the case for good does not cloth this court with the jurisdiction
to strike out the case or his name off the case.&nbsp; <o:p></o:p>&nbsp;The facts in this case are fairly simple and
uncontroverted. The appellant in this case, Nana Boakye Ansah, is the chief of
Abedwim, while all the respondents are sub chiefs of the said stool. The
respondents brought some destoolment charges against the appellant before the
JCATC. According to the appellant he prayed the JCATC&nbsp; for an earlier petition he had filed to be
heard first, since the outcome of that would have a significant impact on &nbsp;the petition against him. <o:p></o:p>This prayer did not find
favour with the committee which went ahead and heard the matter and a decision published
which went against him.<o:p></o:p>&nbsp;According to him he made several attempts to
procure a copy of the decision of the committee to enable him to appeal but he
only received it after the time for appeal had lapsed. His attempt to file an
appeal out of time also met the same fate with the reason that the registrar
was always not on duty and that there was nobody to receive his documents. When
time to appeal had lapsed the appellant then filed an application before the
Judicial Committee of the Ashanti Regional House of Chiefs (JCARHC) for
extension of time within which to appeal the decision of the JCATC.<o:p></o:p>His main reason for his
application was that the registrar of the Traditional Council was sick and
other personnel on duty had refused to accept his notice of appeal and file
same.<o:p></o:p>In an affidavit in
opposition sworn to by the registrar E. A. Boadu, he confirmed that he was
posted to the Council on 27<sup</main>