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OPANIN KWAME FRIMPONG AND OBAAPANIN AKOSUA ANANEWAAH V. AKOSUA NYARKO

(1999) JELR 68234 (SC)

Supreme Court  •  CHIEFTAINCY APPEAL NO. 4/97  •  19 May 1999  •  Ghana

Coram
EDWARD WIREDU PRESIDING J.S.C., KPEGAH J.S.C., ACQUAH J.S.C., ADJABENG J.S.C., MS. AKUFFO J.S.C.

Judgement

JUDGMENT

EDWARD WIREDU, J.S.C.

The matter before us to which this opinion relates is supposed to be an appeal against an interlocutory order of the Judicial Committee of the National House of Chiefs.

The main issue raised for consideration by the Court is whether the Petitioners in this case who are complaining to be aggrieved by that decision have taken all the necessary steps as required by law to entitle them to a hearing?

To answer the above it must first be appreciated that the right to appeal against a decision of any lower court is conferred by Statute. In other words the right to appeal is not inherent in any litigant. It is a right conferred by statute. In like manner a courts jurisdiction to hear and determine an appeal is provided by statute.

In NYE V. NYE (1957) G.I.R. 78 at page 82 and 83 Akufo-Addo, C.J. (as he then was) had this to say

"it must be appreciated that there is no right of appeal in a litigant nor is there an inherent power in any court to hear an appeal."

In the c…

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