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KWAFRAMOAH III V. SAKRAKYIE II

(1996) JELR 68147 (SC)

Supreme Court  •  25 Jun 1996  •  Ghana

Coram
ABBAN CJ JSC, AMUA-SEKYI JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC, ADJABENG JSC

Judgement

ABBAN CJ.: The appeal is from the judgment of the National House of Chiefs dated 29 November 1994. The respondent invoked the original jurisdiction of the National House of Chiefs by asking nananom to make certain declarations in his favour. In all, the respondent sought four distinct reliefs. That is, a declaration that he is the present Adansehene; that it is “now not customarily open” to the appellants to accept any nominee from the Adansehemaa for election as Adansehene; that the National House of Chiefs should order the appellants to hand over to the respondent the stool properties and paraphernalia of the Adanse paramount stool and put him in charge of the affairs of the Adanse Traditional Area; and for an order of perpetual injunction restraining the appellants from holding out any other person as the Adansehene.

The appellants, in their answer to the petition, denied the claims of the respondent and pleaded, inter alia, that as far back as 6 June 1985, the respondent filed a pr…

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