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AMMA MANSA V. NANA YAA ADUTWUMWAA

(2011) JELR 64605 (CA)

Court of Appeal  •  HI/26/11  •  24 Jun 2011  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Judgement

IRENE C DANQUAH JA

This is an interlocutory appeal emanating from the ruling of the High Court dated 16 September 2010. On 11th September 2008, the Judicial Committee of the Brong Ahafo Regional House of Chiefs (Judicial Committee) ruled on a Motion on Notice filed by the Interested Parties for the dismissal of the petition filed by the Appellants on the grounds of estoppel per rem judicatam. The Judicial Committee after hearing the application dismissed the petition as having been brought in bad faith and awarded of cost of Gh1,000.00 against the Appellants.

For a better appreciation of this appeal, it is pertinent to give the genesis of this case.

The Omanhene of Kenyasi No.1 died. After the burial, the task to find someone to succeed him was entrusted to Nana Yaa Adutwumwaa (1st Interested Party), the Queen mother of Kenyasi No.1 as demands by custom. Out of three royals including Nana Antwi Bosiako the Akwasiase Abrantehene (4th Appellant) who approached her and expressed interest in…

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