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NANA GYAMFI KUMANIN II V. OPANIN KWAKU ANIN

(1998) JELR 68187 (SC)

Supreme Court  •  C.A. NO. 4/96  •  3 Mar 1998  •  Ghana

Coram
EDWARD WIREDU J.S.C. (PRESIDING), HAYFRON-BENJAMIN J.S.C., KPEGAH J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C

Judgement

JUDGMENT

EDWARD WIREDU, J.S.C.

This appeal is from the decision of the Chieftaincy Tribunal of the National House of Chiefs dated 16th August, 1995. This judgment by a majority of 3 to 2 affirmed the decision of the Ashanti Region House of Chiefs dated 9th March, 1993, in favour of the co-petitioner Respondent who will hereafter be referred to simply as the Respondent.

The Ashanti Regional Houses of Chief by it's decision referred to supra had allowed an appeal brought by the Respondent against the decision of the Judicial Committee of Kumasi Traditional Council which by a majority of 2 to 1 upheld a claim by the petitioner appellant by its judgment dated 31st May, 1991.

The petitioner appellant in this case will hereafter be referred to simply as the appellant.

The main issue raised for determination in this appeal is an answer to the question "Whether there exists a constitutional relationship between the appellant stool and the Asaago Odikro Stool?" The appellant claims that there exits…

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