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THE REPUBLIC V. CENTRAL REGIONAL HOUSE OF CHIEFS EX PARTE OPANYIN KOBINA AMOAH AND KOJO NHRUMAH

(2009) JELR 68477 (SC)

Supreme Court  •  CIVIL APPEAL NO J4/8/2008  •  14 Jan 2009  •  Ghana

Coram
WOOD (MRS) C.J (PRESIDING), BROBBEY J.S.C, ANSAH J.S.C, DOTSE J.S.C, BAFFOE-BONNIE J.S.C

Judgement

BROBBEY, J.S.C:

The undisputed facts in this application were that the occupant of the Adonten Stool of the Twifo Hyeman Traditional Area died: Succession to that stool was the prerogative of the Aberadze family of that Traditional Area. It was alleged that the Obaapaanin and head of that family were acting on the instructions of the paramount chief of Twifo Hemang Traditional Area, the first respondent herein, to impose on the stool as a Adontenhene one Mensah Marfo who did not hail from the right lineage of the Adonten Stool.

The litigation started by the Stool elders filing a petition in the Central Regional House of Chiefs for a declaration to prevent the installation of Mensah Marfo as Adontenhene. The appellants in the instant appeal then filed an application in the Cape Coast High Court to restrain the Regional House from hearing the petition on the grounds of want of jurisdiction. The basis of the application was this; the general rule is that Regional Houses of Chiefs are manda…

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