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THE MINISTRY OF LOCAL GOVERNMENT AND ANOTHER V. NANA KWARTENG PANIN AKOSA II AND ANOTHER

(2011) JELR 66600 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/25/2010  •  24 Jun 2011  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Judgement

JUDGEMENT

F.G. KORBIEH, J.A.

The facts giving rise to this appeal may be summarized as follows: the 1st plaintiff/respondent (the β€œodikro” of Twedie) and the 2nd plaintiff/respondent (who described himself as a management committee member of the Twedie stool) sued out a writ in the registry of the trial High Court in Kumasi seeking the following reliefs:

β€œ1. A declaration that the inauguration ceremony held on the 29/2/2008 naming Foase as the district capital of the Atwima Kwanwoma District Assembly was illegitimate and same was null and void as the Executive Instrument No. 10 of 2007 which was passed pursuant to Atwima Kwanwoma District Assembly (Establishment) Instrument, 2007 (L.I. 1853) never made or mentioned Foase the District Capital

β€œ2. In the alternative, a declaration that in terms of the level of infrastructural facilities and developments and the fact that Twedie was the local political seat of the colonial administration within the Atwima Kwanwoma Traditional Area since 19…

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