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REPUBLIC V. JUDICIAL COMMITTEE, AKIM ABUAKWA TRADITIONAL COUNCIL, EX PARTE MANU AND OTHERS

(1992) JELR 69881 (CA)

Court of Appeal  •  3 Jun 1992  •  Ghana

Coram
AMUAH, KPEGAH, LUTTERODT JJA

Appearances
OFORI-ASANTE FOR THE APPELLANTS.

Judgement

LUTTERODT JA

This is an appeal against the ruling of the High Court, Koforidua delivered on 4 December 1989. On 9 January 1983 the chief of Kwae died and the following year, to be precise on 5 September 1984, Opanyin Brobbey Aboagye, the 3rd interested-party-respondent was installed as his successor.

The appellants herein, being highly aggrieved by his enstoolment instituted proceedings before the Akyem Abuakwa Traditional Council for a declaration that the installation was null and void.

Accordingly, the council appointed a three-member panel, all of whom were chiefs, to hear and determine the complaint. That judicial committee, as constituted, heard evidence from both sides and on 2 October 1984 delivered a judgment which went in the appellants’ favour.

However, some months later, i.e. on 3 June 1985, the appellants received a letter from the Akyem Abuakwa Traditional Council. Attached to it was a judgment, which was supposed to have been read on 31 May 1985 by a judicial committee of …

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