EBUSUAPANYIN KOBINA ABBAN
V.
KOBINA BIN AND 2 OTHERS

(1999) JELR 65702 (SC)    
Supreme Court  ·  CHIEFTAINCY APPEAL NO. 7/96 ·  17 Feb 1999 ·  Ghana
CORAM
EDWARD WIREDU J.S.C. (PRESIDING), MRS. J BAMFORD-ADDO J.S.C., KPEGAH J.S.C., ADJABENG J.S.C., MS. AKUFFO J.S.C.
Core Terms Beta
appeal
favour of the respondent
matter
respondent
capacity
chieftaincy
appointment
behalf of the appellants
chiefs
court
dispute
election
evidence
national house of chiefs
installation
installation of any person
issues
meaning of the chieftaincy act
nomination
second ground
11th april
above concurrent findings of fact
above finding
behalf of the appellant
cases of kofi vrs
chieftaincy appeal no.12
claim of any person
decision of native tribunals
determination of the issue of headship
fair hearing
first appellant
g.c. privy council appeal no.
head of the ntwea royal family
headship of the ntwea family
issue of capacity
judgment
judgment of the judicial committee of the national house
latter act
lower chieftaincy tribunals
main issues
main submissions
osei kwaku
positive finding
present action
privy council
proper person
sole authority
wrong capacity

JUDGMENT

EDWARD WIREDU, J.S.C.:

This is an appeal from the judgment of the Judicial Committee of the National House of Chiefs dated 8th May 1991 which affirmed the decision of the Judicial Committee of the Central Region House of Chiefs in favour of the Respondent.

Two main submissions were urged on behalf of the appellants in this appeal. The first was that, the capacity in which the respondent sued, and by which he claims to have the sole authority and responsibility as the head of the Ntwea Royal Family to nominate a candidate for installation as the Krontihene of the Atwia Bando Stool of the Eguafo Traditional Area was one of status and that both the Judicial Committee of the Central Region House of Chiefs and National House of Chiefs were not clothed with jurisdiction to adjudicate on and determine who is the accredited head of Ntwia Abusua in the Eguafo Traditional Area. It was therefore urged on behalf of the appellant's that the determination of the issue of headship not being "a…

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