THE NATIONAL HOUSE OF CHIEFS (PER THE PRESIDENT) EX PARTE: EBUSUAPANIN KOJO MENSAH V. HEAD OF KOKODO EBIRADZE ROYAL FAMILY OF FIJAI NANA BARIMA EKOW GYESA II
(2024) JELR 112491 (CA)
Court of Appeal
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CIVIL APPEAL NO: H1/029/2024
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18 Apr 2024
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Ghana
Coram
G. S. SUURBAAREH J.A. (PRESIDING)
A.O. OFORI J.A.
BAIDEN C.E.E. J.A
Appearances
EVANS OPPONG ADOMA FOR APPLICANT/APPELLANT
JOANA GYAN MENSAH FOR RESPONDENT/RESPONDENT
NANA KONDUA FOR THE INTERESTED PARTY/RESPONDENT
Judgement
<p style="text-align: center"><strong><u>JUDGEMENT</u></strong></p><p><strong><u>SUURBAAREH, JA:</u></strong> This is an appeal against the decision of the High Court, Kumasi dated 23September, 2022. The trial Court, in its judgment, refused an order of mandamus brought by the Applicant/Appellant, against theRespondent/Respondent, to have the name of the interested party/respondent, removed from the national register of Chiefs. The basis for the application for the order of mandamus, from the motion paper, were:the Supreme Court Review Decision of 15 June, 2020; the Supreme Court majority Judgment of 29 May, 2020; and, the Court of Appeal Judgment of 29 May, 2019.</p><p style="text-align: justify">The parties henceforth would be referred to as the applicant, respondent and interested party respectively. The facts giving rise to the instant appeal are not in much dispute and may be summarized as follows; from the affidavits filed by the various parties in this application leading to thisappeal. Following the death of Nana Kobina Angu II, occupant of Royal Stool of the Fijai Traditional area on 25 Octobe…</p>