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SARKODEE I V. BOATENG II

(1983) JELR 68007 (SC)

Supreme Court  •  18 May 1983  •  Ghana

Coram
APALOO C.J., ADADE JSC,TAYLOR J.S.C.,EDUSEI JA,MENSA BOISON J.A

Judgement

APALOO C.J.: The appellant is the Kyidomhene of the New Juaben Traditional Area. On 20 August 1973, he filed a “chieftaincy petition” in the Eastern Regional House of Chiefs. The prayer of the petition was for the “Destoolment of Nana Kwaku Boateng, Omanhene, New Juaben Traditional Area.” He is the respondent to this appeal. The petition was brought on a stereotyped form and paragraph 2 of the form requires the petitioner to state the capacity in which he brought the petition. He stated his capacity as “Kyidomhene.” The petitioner was required by paragraph 6 of the form to “state in a concise form the facts and particulars” on which he would seek to rely in proof of the charges. His answer was, “see attached charges.”

The appellant attached to the petition, twenty charges serially numbered — some of them involving the commission of named criminal offences, of the others, one at least, is an offence involving moral turpitude. He then made a certificate to the charges in the following wo…

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