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REPUBLIC V. FODOME TRADITIONAL COUNCIL; EXPARTE ASEM AND OTHER

(1991) JELR 68166 (CA)

Court of Appeal  •  31 Jan 1991  •  Ghana

Coram
LAMPTEY JA, ESSIEM JA, AMUAH JJ.A.

Judgement

LAMPTEY J.A.: On 16 September 1985, Togbe Gbedegbleme Honu III, Paramount Chief of Fodome Traditional Area and ten other persons assisted by a recorder constituted themselves into a “Fodome Traditional Council” and proceeded “to settle a dispute between the Anyigbe and Dzise clans of Fodome Amele in a cause or matter affecting chieftaincy.” The proceedings were recorded by a Mr. Nazarious B. Klu who was appointed for that purpose. The council after hearing evidence from the parties and their witnesses delivered its “judgment” on the same date. The Anyigbe clan represented by David Akabua Asem and two others lost the action. They were aggrieved and dissatisfied with the “judgment” of the Fodome Traditional Council. Pursuant to leave granted them by the High Court, Ho they successfully obtained an order of that court quashing and setting aside the “judgment” of the said Fodome Traditional Council. The representatives of the Dzise clan were aggrieved by the judgment of the High Court, Ho…

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