ANSU-AGYEI AND OTHERS V. FIMAH AND OTHERS

AMPIAH JSC

This is an appeal from the decision of the chieftaincy tribunal of the National House of Chiefs.

The petitioners in this matter instituted chieftaincy proceedings against the respondents at the chieftaincy tribunal of the Brong-Ahafo Regional House of Chiefs. The respondents raised a preliminary objection that the tribunal was incompetent to entertain the action since the matter did not involve a paramount stool or an occupant of a paramount stool. The tribunal overruled the objection and insisted on hearing the matter whereupon the respondents appealed against the ruling to the chieftaincy tribunal of the National House of Chiefs. The National House of Chiefs chieftaincy tribunal upheld the appeal but ruled that it had jurisdiction to exercise original jurisdiction in the matter. It relied on section 23(2) of Chieftaincy (National and Regional Houses of Chiefs) Procedure Rules 1972 (CI 27) and also article 179(5) of the 1979 Constitution which was the relevant law at the tim…