ANIN YEBOAH JSC:
On 23/07/2014, we upheld the preliminary objection and dismissed this action. We now proceed to offer our reasons. On the 20/05/2013, the plaintiff herein who is a citizen of Mpraeso and claims to be an affected subject of Mpraeso stool,( a town in the Eastern Region of Ghana) sued the defendants herein who are the Chief of Mpraeso and a limited liability entity respectively before this court. The nature of the case is such that it would be useful at this stage of this ruling to recap the reliefs sought on the writ;
1. A declaration that on a true and proper interpretation of Article 267(1) of the 1992 Constitution of the Republic of Ghana the 1st defendant qua Ohene “chief” of Mpraeso has no right to sell the stool lands of Mpraeso without the consent of the substools and subjects under the Mpraeso stool occupied for the time being by the 1st defendant.
2. A declaration that by virtue of Article 36(8) of the 1992 Constitution, the subjects of stools are entitled…