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ASOR II AND OTHERS V. AMEGBOE AND OTHERS

(1977) JELR 82448 (CA)

Court of Appeal  •  14 Jun 1977  •  Ghana

Coram
AZU CRABBE C.J., SOWAH, JA, ANIN, JA, FRANCOIS, JA, ABBAN J.

Appearances
E. Kom for the appellants. B.J. da Rocha (with him I. N. K. Wuaku) for the respondents.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong><u>Azu Crabbe, C.J. </u></strong></p><p style="text-align: justify;">This is an appeal from the decision of the judicial committee of the National House of Chiefs dated 27 July 1976, affirming a ruling by the judicial committee of the Regional House of Chiefs, Volta Region, by which the appellants&#x27; plea of <em>estoppel per rem judicatam</em> was overruled<em> in limine</em>.</p><p style="text-align: justify;">The facts of this case are simple and may be briefly stated. On 11 January 1958, the Govenor-General of Ghana, acting under section 8 (1) of the State Councils (Southern Ghana and Southern Togoland) Ordinance, 1952 (No. 8 of 1952), appointed a committee of inquiry (hereinafter called the Apaloo Committee of Inquiry) consisting of Mr. F. K. Apaloo, barrister-at-law, as he then was, as chairman, and Togbe Gblemor, divisional chief of Liate and Togbe Gbogbolulu, divisional chief of Vakpo, as members. The terms of reference of the committee were:</p><blockquote><p style="text-align: justify;">(1) to investigate the traditional structure of the Ho Division and to determine the constitutional relationship between the several chi…</p></blockquote>

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