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THE REPUBLIC V. NATIONAL HOUSE OF CHIEFS, KUMASI EX PARTE AWULAE KAKU AKA III AWULAE AMIHERE KPANYINLI III

(2019) JELR 65836 (CA)

Court of Appeal  •  SUIT NO: H1/58/2018  •  27 Feb 2019  •  Ghana

Coram
M. OWUSU (J.A.) – PRESIDING, DZAMEFE (J.A.), WELBOURNE (J.A.)

Appearances
ERNESTINA KUKUA ABRAHIM FOR THE RESPONDENT/APPELLANT,MUJEEB RAHMA AHMED WITH SAEED KOFI SAM ACKA HEMANS AND ,DEBORA DONKOR FOR THE INTERESTED PARTY/APPELLANT; VIVIAN MFODWAA GYAN LED BY YAW ANOKYE FRIMPONG FOR THE APPLICANT/RESPONDENT.

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>MARIAMA OWUSU, J.A.</strong></p><p>This is an appeal against the decision of the High Court, Kumasi, dated 19<sup>th</sup> July, 2017. In the said decision, the trial Judge held among others that:-</p><p><em>“In the light of the foregoing, I order that Awiaso Traditional Council be restored in the national register of chiefs and in the result, the applicant Awulae Kaku Aka III being the successor in title to his uncle is entitled to have his name inserted in the register of the house of chiefs.</em></p><p><em>This court thus directs the Registrar of the National House of Chiefs accordingly.Cost of Gh¢5,000.00 is awarded to the applicant against each of the respondents.”</em></p><p>Dissatisfied with the decision of the High Court, the Interested Party/Appellant (hereinafter referred to as Interested Party) appealed to the Court of Appeal on the following grounds:</p><p><em>1. The judgment/ruling is against the weight of the affidavit evidence on record.</em></p><p><em>2. The High Court Judge misdirected himself by failing to appreciate that the whole application for Ju…</em></p>

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