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THE REPUBLIC V. NATIONAL HOUSE OF CHIEFS AND 2 OTHERS EX-PARTE: AHANTA TRADITIONAL COUNCIL OSAHENE KATAKYI BUSUMAKURA III

(2019) JELR 68139 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/32/2018  •  30 Jan 2019  •  Ghana

Coram
DOTSE JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN JSC, DORDZIE (MRS) JSC, AMEGATCHER JSC

Judgement

JUDGMENT

AMEGATCHER, JSC:-

This appeal is about the elevation of a divisional stool to the status of paramountcy in the Western Region of the Republic of Ghana. The distinguished retired justice of the Supreme Court of Ghana and jurist Justice Stephen Alan Brobbey in his book: The Law of Chieftaincy in Ghana, 1st edition, 2008 researched into how paramountcy is created and concluded at page 15 as follows:

‘It would appear that the paramount status comes into being by about three methods: The first is by the traditional process of installation; the second is elevation by an overlord and the third is by a legislative instrument elevating the chief below paramount status to the status of a paramount chief’.

Armed with the benefit of this research, we proceed to deal with this appeal on this traditional time-honoured but evolving institution in Ghana. Osahene Katakyi Busumakura III, hereafter called the Interested Party is the Chief of Takoradi. The stool of Takoradi is a divisional stool un…

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