Ratio DecidendiRatio Decidendi



ABABIO AND OTHERS
V.
MENSAH AND OTHERS

(1988) JELR 63530 (SC)    
Supreme Court  ·  24 Nov 1988 ·  Ghana
 · 
Other Citations
[1989-90] 1 GLR 560
CORAM
SOWAH C.J.,TAYLOR J.S.C.,FRANCOIS J.S.C.,WUAKU J.S.C.,AMUA-SEKYI J.S.C.

Ratio Decidendi

Core Terms Beta
undisputed chief of techimantia
first applicant
regional house of chiefs
simple chieftaincy case
ruling of the majority of the court
national house of chiefs
stool properties
chieftaincy tribunals
high court
successful application
chieftaincy act
chieftaincy tribunal of the houses of chiefs
traditional councils
first order of the regional house
application of customary law
black stool
original jurisdiction
nana kofi oti akenten
view of counsel
pure law aspect of the case
recovery of the techimantia stool properties
paramount chief
first applicant claims
chieftaincy tribunal of the brong-ahafo regional house of chiefs
new techimantiahene
said kofi oti akenten
chieftaincy tribunal of a traditional council
stool paraphernalia
appropriate chieftaincy tribunal
order
appreciation of the applicable statutory provisions
spite of this clear legal position
higher court
stool
nana prako ababio
tribunal of competent jurisdiction
chieftaincy issue of any sort
skin property
chronological order
further order
chieftaincy tribunal
appeal
custody of the said stool properties
decision
hard core law
unlawful possession of the stool properties
supreme court rules
constitutional provision
brong-ahafo regional house of chiefs

JUDGMENT

AMUA-SEKYI J.S.C.

He delivered the ruling of the majority of the court. The first applicant, Nana Prako Ababio (hereafter called the applicants), was at one time the undisputed chief of Techimantia. In December 1977 he abdicated from the stool, thus opening the way for another person to be enstooled in his stead. He however claimed to have been re-enstooled. To contest this the respondents, who are apparently kingmakers of Techimantia, issued a writ against him and two others at the High Court, Sunyani for declaratory reliefs and an injunction. They followed this up with a successful application to the chieftaincy tribunal of the Brong-Ahafo Regional House of Chiefs for an order impounding the black stool and other stool paraphernalia.

When the High Court declined jurisdiction in the action pending before it, the applicant invited the regional house of chiefs to restore the stool paraphernalia to him and, when this was refused, he lodged an appeal against the decision with the N…

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