IN THE MATTER OF AN APPLICATION FOR AN ORDER OF MANDAMUS THE REPUBLIC vs. THE PRESIDENT, NATIONAL HOUSE OF CHIEFS, KUMASI AND THE REGISTRAR NATIONAL HOUSE OF CHIEFS, KUMASI EX PARTE; NANA AMOA VII (DECD.) AND 2 OTHERS [2018]DLCA4487

IN THE MATTER OF AN APPLICATION FOR AN ORDER OF MANDAMUS THE REPUBLIC vs. THE PR... [2018]DLCA4487

Date	2018-10-16
Suit No.	SUIT NO. H1/33/2018
Citation No.	[2018]DLCA4487

ADUAMA OSEI JA (PRESIDING)

DZAMEFE JA

WELBOURNE (MRS.) JA

YAHAYA ADAM BRAIMAH FOR INTERESTED PARTY APPELLANT.

NO REPRESENTATIVE FOR PLAINTIFF/RESPONDENT

[2018]DLCA4487
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER OF AN APPLICATION FOR
AN ORDER OF MANDAMUS THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>THE PRESIDENT, NATIONAL HOUSE OF
CHIEFS, KUMASI AND<o:p></o:p>THE REGISTRAR NATIONAL HOUSE OF
CHIEFS, KUMASI EX PARTE;<o:p></o:p>NANA AMOA VII (DECD.) AND 2 OTHERS<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), KUMASI]<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">

SUIT NO. H1/33/2018&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; 16TH OCTOBER, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>YAHAYA ADAM BRAIMAH FOR
INTERESTED PARTY 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">

NO
REPRESENTATIVE FOR PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p>ADUAMA
OSEI JA (PRESIDING), DZAMEFE JA, WELBOURNE (MRS.) JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ADUAMA OSEI JA:A<o:p></o:p><o:p>&nbsp;</o:p>In
this judgment, the Interested Party/Appellant is referred to as “the Appellant”, and the
Applicants/Respondents are referred to as “the
Respondents”.<o:p></o:p><o:p>&nbsp;</o:p>On
the 12th of January, 2007, the Respondents filed a motion in the
High Court, Kumasi, praying for an order of mandamus directed at the Registrar
and the President of the National House of Chiefs. The order was to remove the
name of Kweku Benyi also known as Nana Amoa VII from the National Register of
Chiefs and to cancel an Extract from the said Register bearing serial number
952 issued to Kweku Benyi.<o:p></o:p><o:p>&nbsp;</o:p>In
the affidavit supporting the application, the Respondents described themselves
as the Chief of Amosima, the Queenmother of Amosima and the Head of the Royal
Ebradze No. 1 Family of Amosima repectively. The Respondents alleged in their
affidavit that in 1979, the 1st Respondent had been nominated,
elected and installed as Chief of Amosima. They stated that the 1st
Respondent’s installation had been challenged by Kojo Adan at the Asebu
Traditional Council, and that the said Kojo Adan had died while the suit was
still pending. They said following the death of Kojo Adan, one Augustine Dadzie
was substituted as petitioner in spite of objections raised by them regarding
Augustine Dadzie’s capacity. <o:p></o:p><o:p>&nbsp;</o:p>The
Respondents said after the trial before the Judicial Committee of the Asebu
Traditional Council, they successfully applied to the High Court for the
judgment of the Judicial Committee to be quashed. The said judgment was quashed
by Osei Hwere J, as he then was, on 3rd March, 1980. The Respondents
said in spite of the fact that the judgment of the Judicial Committee had been
quashed, the name of Kweku Benya was fraudulently inserted in the Register of
Chiefs and an Extract from the Register was issued in respect of the insertion fraudulently
procured. The serial number of the Extract was given as No. 952. <o:p></o:p><o:p>&nbsp;</o:p>Particulars
of the alleged fraud, as stated in the supporting affidavit, were that the Asebu
Traditional Council had deliberately and wilfully withheld vital information
from the National House of Chiefs that the 1st Respondent remained
the legitimate Chief of Asebu, that approval of the Chieftaincy Declaration
Forms of Kweku Benya had been given by the Research Committee of the National
House of Chiefs when that Committee did not have a quorum to deal with that
matter, and that the Research Committee failed to place its findings and
recommendations before the Standing Committee of the House for the same to be
approved by the full House for implementation as required by Articles 56 (ii)
and 53 (iv) of the Standing Orders of the National House of Chiefs.<o:p></o:p><o:p>&nbsp;</o:p>The
Respondents stated that they had brought the fraud and illegalities concerning
the insertion of Kweku Benya’s name in the Register of Chiefs to the attention
of the National House of Chiefs through its appropriate officers and had
demanded the cancellation of the said insertion but the National House of
Chiefs had refused to remove the insertion and cancel the fraudulent Extract.
The Respondents contended that the National House of Chiefs are under a duty
and are mandated by law to remove the insertion and cancel the fraudulent
Extract.<o:p></o:p><o:p>&nbsp;</o:p>In
his affidavit opposing the Respondents’ application, the Appellant denied that
the 1st and 2nd Respondents were the Odikro and
Queenmother respectively of Amosima. He contended that while the 3rd
Respondent may be the Head of the Respondents’ Family, he is not the Head of
the Royal Odikro Stool Family of Amosima. The Appellant denied the claim by the
Respondents that the 1st Respondent had been nominated, elected and
installed as Chief of Amosima and contended that at all material times, his
predecessor, Nana Amoa VI alias Kojo Adan, was the substantive occupant of the
Odikro Stool of Amosima. He contended that in the circumstance, any purported nomination
of the 1st Respondent was a nullity.<o:p></o:p>