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THE REPUBLIC VRS NATIONAL HOUSE OF CHIEFS, KUMASI; EX-PARTE NII LARBIE MENSAH IV & ORS

(2011) JELR 106949 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/37/2010  •  1 Jun 2011  •  Ghana

Coram
ATUGUBA, JSC. (PRESIDING) ANSAH, JSC OWUSU (MS), JSC GBADEGBE, JSC AKOTO-BAMFO (MRS), JSC

Judgement

JUDGMENT

ATUGUBA, J.S.C:

Facts of the Case

The Appellant herein known in private life as Francis Nii Aryee Addoquaye was enstooled Ablekuma Mantse and Sempe Atofo under the Stool name of Nii Larbie Mensah IV.  There was no writ/petition against his installation.  As a result, his Chieftaincy Declaration (CD) Forms were duly processed by the Ga Traditional Council and forwarded to the National House of Chiefs through the Greater-Accra Regional House of Chiefs for his name to be inserted in the National Register of Chiefs.  The name of the Appellant was inserted in the national Register of Chiefs on the 23rd day of May 2006 as having been enstooled on the 14th  day of April 2000.  Sometime in or about September 2006, Adjin Tettey who also claimed that he had been installed as Ablekuma Mantse and Sempe Atofotse under the Stool name of Nii Larbi Mensah IV filed an application for Judicial Review in the nature of mandamus directed at the National House of Chiefs to remove the name o…

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