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ABABIO AND OTHERS
V.
MENSAH AND OTHERS

(1988) JELR 63530 (SC)

Supreme Court 24 Nov 1988 Ghana
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- The case involves a dispute over the chieftaincy of Techimantia. - The first applicant claims to be the incumbent Techimantiahene, while the respondents claim that he abdicated and a new Techimantiahene was installed. - The case was initi

Case Details

Judges:SOWAH C.J.,TAYLOR J.S.C.,FRANCOIS J.S.C.,WUAKU J.S.C.,AMUA-SEKYI J.S.C.
Counsel:OBENG-MANU FOR THE APPLICANTS; A. MMIEH FOR THE RESPONDENTS.
Other Citations:[1989-90] 1 GLR 560

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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