REPUBLIC V. EASTERN REGIONAL HOUSE OF CHIEFS; EX PARTE BIRIKORAMAA AND ANOTHER
(1987) JELR 84800 (CA)
Court of Appeal
•
29 Jan 1987
•
Ghana
Coram
ABBAN J.A,
WUAKU J.A
AMUA-SEKYI J.A.
Appearances
E. D. Kom (with him Mrs Cudjoe) for the appellants.
Aboagye da Costa for the respondents.
Kabutey for the Eastern Regional House of Chiefs.
Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>ANNAN J.A.</strong></p><p style="text-align: justify;">The appeal was from a ruling of the High Court, Koforidua delivered on 11 November 1985.</p><p style="text-align: justify;">The appellants had instituted proceedings against the respondents in the Akyern Abuakwa Traditional Council. The claim, as it appeared in the affidavit in support of the application, was for a declaration: </p><blockquote><p style="text-align: justify;"><strong><em>“. . . . that the purported nomination, election and installation of the fourth defendant as chief of Asamankese by the first, second and third defendants is unlawful and contrary to customary practice and therefore null and void."</em></strong></p></blockquote><p style="text-align: justify;">On 6 September 1984 the Akyem Abuakwa Traditional Council (through its judicial committee) gave judgment in favour of the appellants. The respondents appealed to the Eastern Regional House of Chiefs and on 5 September 1985 the judicial committee of the Eastern Regional House of Chiefs allowed the appeal and set aside the said judgment. The house declared the whole proceedings before the judicial committee of the Akyem Abuakwa Traditional Council as nu…</p>