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OPANYIN KOFI AMONOO AND 3 OTHERS V. NANA AFARI TWAKO VI & 2 OTHERS AND OSABARIMA KWESI ATTA II & OGUAA TRADITIONAL COUNCIL

(2011) JELR 68912 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/151/2010  •  3 Nov 2011  •  Ghana

Coram
QUAYE JA –PRESIDING, MARFUL-SAU JA, HONYENUGA JA

Judgement

MARFUL-SAU, JA: - This appeal is taken against the judgment of the High Court sitting at Cape Coast on the 7th of July 2009. The plaintiffs /appellants referred in this judgment as appellants by their writ of summons filed on the 27th July 2006 claimed one relief against the defendants who are the respondents in this appeal. The relief was simply thus:-

‘’i)an order directed at the 3rd defendant to have the name of J. S. Haizel removed from the National Register of Chiefs on the grounds of fraud.’’

The brief facts of the case are that the 1st respondent forwarded information on J.S. Haizel, alias Osabarima Kwesi Atta II, the 1st co-respondent herein to the National House of Chiefs for insertion in the national register of chiefs. The information contained in the Chieftaincy Declaration Forms (CDF 1B), was to be vetted by the 2nd respondent before its submission to the 3rd respondent. According to the appellants the 1st respondent in completing Form CDF 1B, fraudulently misrepresented a…

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