NENE LARKPLEKU III VS. SAMUEL KOFI LARKPLEKU AND NENE KWEYARTEY LARKPLEKU II

JUDGMENT

PWAMANG, JSC:

My Lords, consideration of this appeal gave us anxious moments, largely on account of the scanty evidence about the existence at Larkpleku village of a chieftaincy institution as it is known under our laws. Article 270 (1) of the Constitution, 1992 states as follows concerning Chieftaincy;

(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.

It is further provided under Article 277 as follows;

“In this Chapter unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.”

From the above provisions, for any person to bring a suit before the statutory bodies with jurisdiction in chieftaincy matters concerning chieftaincy in any community in Ghana, the chieftaincy m…