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ABUSUAPANYIN KWABENA FRIMPONG
V.
OPANIN KOFI AMOAKO

(2018) JELR 66015 (CA)

Court of Appeal 16 Jan 2018 Ghana
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- The plaintiff, the Abusuapanyin of the Nana Anima lineage of the Agona Royal Stool of Akyem Hweakwae, filed a lawsuit against the defendant. - The plaintiff sought an order to declare the defendant as not the legitimate Abusuapanyin and t

Case Details

Suit Number:CIVIL APPEAL: H1/22/2017
Judges:K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA
Counsel:MR. OWUSU ANSAH FOR PLAINTIFF / APPELLANT

JUDGMENT

AGYEMANG, JA:

In this appeal against the ruling of the Circuit Court, Koforidua, delivered on the 3rdday of August 2015, the plaintiff/appellant, hereafter referred to as the appellant, seeks a setting aside of the ruling of the court and seeking in its place a retrial by the Circuit Court differently constituted.

The matter giving rise to the instant appeal is sufficiently simple. The plaintiff, the Abusuapanyin of the Nana Anima lineage of the Agona Royal Stool of Akyem Hweakwae, commenced an action against the defendant/respondent herein (referred to as the defendant). The plaintiff sought the following reliefs: an order that the defendant, at the time of causing the processing and issue of the 10th January 2011 installation notice by the Registrar of the Akyem Kotoku Traditional Council, Akyem Oda, was not the legitimate Abusuapanyin of the Akyem Hweakwae Agona Royal Stool; and, an order setting aside the said installation notice for fraud, it being in contravention of the S…

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