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AMAKYIE V. ABABIO AND ANOTHER

(1983) JELR 69258 (CA)

Court of Appeal  •  8 Jun 1983  •  Ghana

Coram
JIAGGE JA,FRANCOIS JA,MENSA BOISON J.A.

Judgement

MENSA BOISON J.A.: Mensa Boison J.A. The defendant-applicant (hereinafter referred to as the defendant), by counsel moves this court for the following reliefs:

(a) An order setting aside the execution carried out by the deputy sheriff of the High Court, Sunyani, on 23 March 1982;

(b) An order of stay of execution of the writ of delivery in the above-mentioned matter; and

(c) Any other order or orders which this court sees fit to make.”

About 20 October 1980, the plaintiffs-respondents (hereinafter referred to as the plaintiffs) applied to the Brong-Ahafo Regional House of Chiefs (henceforth referred to simply as the regional house) requesting it to take delivery and custody of the stool properties of Ntrotroso. The two plaintiffs were alleged respectively, to be the Gyasehene and the new chief of Ntrotroso. The ground for their application was that there was a pending dispute over the status of the defendant as the Ntrotrosohene.

For what apparently appears as a challenge to the jurisdicti…

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