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ALHAJI TETTEY KWAO AND TWO ORS V. NII TEI ADUMUAH II AND ANOR.

(2000) JELR 66402 (SC)

Supreme Court  •  C. A. NO. 5/99.  •  12 Apr 2000  •  Ghana

Coram
AMPIAH J.S.C. (PRESIDING), KPEGAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., AKUFFO (MISS) J.S.C.

Appearances
MRS. I. QUANSAH FOR APPELLANT,MR. NSIAH-AKWETEY FOR RESPONDENTS.

Judgement

AMPIAH, J.S.C.

The Plaintiffs who are all from Appolonia, claim to be the respective heads of the ruling clans of Appolonia and the Kingmakers and/or elders of the Appolonia Stool. The Defendant is the incumbent occupant (Chief) of Appolonia and the Co-Defendant is the Paramount Chief of the Kpone Traditional Area of which Appolonia is a part. For sometime now the Defendant has been alienating lands at Appolonia to certain individuals and companies or bodies without reference to the Plaintiffs. The Plaintiffs took objection to these alienations and protested to certain authorities about the conduct of the Defendant. The Defendant claimed that as the Plaintiffs were neither his Kingmakers nor elders of his Stool, they were not entitled to be consulted in the alienation of land at Appolonia for any purpose.

On the 1st day of September, 1994, ALHAJI TETTEH KWAO and two other Plaintiffs (now Appellants) issued a Writ of Summons against NII TEI ADUMUAH II of Appolonia, Defendant (now Respond…

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