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NANA EDWARD KWADWO KUMAH V. THE ATTORNEY GENERAL & BUI POWER AUTHORITY

(2025) JELR 114565 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/80/2023  •  12 Nov 2025  •  Ghana

Coram
E. YONNY KULENDI, JSC G. PWAMANG, JSC A. LOVELACE-JOHNSON(MS), JSC I. O. TANKO AMADU, JSC E. Y. GAEWU, JSC

Appearances
NANA OBIRI BOAHEN ESQ. FOR THE PLAINTIFF/APPELLANT/APPELLANT WITH HIM ELIAS ELIAS ASHKAR ESQ. FRANKLIN NANA ADDAI ESQ. FOR THE 2ND DEFENDANT/RESPONDENT/ RESPONDENT.

Judgement

JUDGMENT

KULENDI JSC:-

INTRODUCTION:

  1. This appeal arises from the Judgment of the Court of Appeal, Kumasi, dated 27th January, 2022, which affirmed the judgment of the High Court, Sunyani, delivered on the 8th of July, 2013. 

  2. For ease of reference and consistency, the parties shall retain the designations they bore in the trial court. Accordingly, the Plaintiff/Appellant/Appellant shall be referred to as “the Plaintiff,” while the Defendants/Respondents/Respondents shall be referred to as “the Defendants.” 

BACKGROUND:

  1. The Plaintiff commenced this action by issuing a Writ of Summons, accompanied by a Statement of Claim, on the 3rd of July, 2011. In the said Writ of Summons, the Plaintiff described himself as the Chief of Dokakyina and disclosed that he was suing in his capacity as the occupant of the Dokakyina Stool and Head of the Dokakyina Traditional Area. 

  2. He further averred in his Statement of Claim that prior to his enstoolment as Chief, he held the position of Krontiheneof Dokakyina. T…

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