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NANA K. KWEI V. AMEYAW YEBOAH OF SAKAA & ANOR.

(2018) JELR 65064 (CA)

Court of Appeal  •  SUIT NO: H1/21/2018  •  28 Nov 2018  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), HENRY A. KWOFIE J. A., AMMA GAISIE (MRS) J. A.

Judgement

MARIAMA OWUSU, JA

On 10th December, 2013, the High Court, Sunyani, dismissed the plaintiff’s suit against the defendants. In its ruling the court held that:

“I have carefully read the pleadings so far filed in this suit. It is my view that, before I decide the central issue in the suit, namely whether or not the plaintiff as Kontihene and overall head is the owner of the lands in and around Sikaa Town, I will have to determine the following issue:

1. Whether or not the plaintiff is Nkoranza Kontihene and overall head of Sikaa lands and

2. Whether or not the defendants are Odikro and Obaahemaa respectively of Sikaa Town.

These are clearly matters affecting chieftaincy which this court has no jurisdiction to determine. It is my view therefore that this court has no jurisdiction to entertain and determine this suit and I dismiss it accordingly.

I make no order as to costs.”

Dissatisfied with the decision of the High Court, the plaintiff filed an appeal before the Court of Appeal on the followin…

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