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NANA SARPONG GYAMFI
V.
NANA KWAKU DAKORE II

(2000) JELR 68272 (SC)

Supreme Court 9 Feb 2000 Ghana
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- The plaintiff is seeking a declaration that the defendant, who has been convicted of an offense involving moral turpitude, is not qualified to be a Chief and should not continue to occupy the Gyase Stool or any other Stool of Akyawkrom an

Case Details

Suit Number:WRIT NO. 1/99
Judges:EDWARD WIREDU J.S.C. (PRESIDING), MRS. J BAMFORD-ADDO J.S.C., AMPIAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C., MS. AKUFFO J.S.C.
Counsel:ELIZABETH OFOSU AGYARE (WITH HER CYNTHIA OPARE) FOR THE APPELLANT ,J.A. DAWSON (WITH HIM D.A. OTOO) FOR THE RESPONDENT

JUDGMENT

By his writ of summons issued out of this Court on 10th May, 1999, the Plaintiff seeks to invoke the original jurisdiction of this Court with the following endorsement on the writ.

1. A declaration that the Defendant having once been convicted of an offence involving moral turpitude, is not qualified to be a Chief and cannot therefore continue to occupy the Gyase Stool or any other Stool of Akyawkrom and Asenua.

2. An order of injunction restraining the Defendant from in any way performing any functions as a Chief. The writ is accompanied by an 18 paragraphed Statement of Case the relevant portions of which read as follows:

3. The Defendant acts as the Gyasehene of Akyawkrom and Asenua; he was purportedly enstooled as such on 22nd August, 1993.

4. The Defendant is also known in private life as Kwaku Okyere.

5. In February, 1986 or thereabout, the Defendant was charged with the offence of causing harm to a person whose name Plaintiff cannot now supply.

6. The Defendant was arraigned …

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