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NENE LARKPLEKU III
V.
SAMUEL KOFI LARKPLEKU & ANOR

(2025) JELR 114247 (SC)

Supreme Court 26 Feb 2025 Ghana
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- The central issue was whether a chieftaincy institution existed in Larkpleku village per the requirements of article 270(1) and 277 of the 1992 Constitution, demanding the establishment of chieftaincy by recognized customary law and usage

Case Details

Suit Number:J2/02/2024
Judges:HER PWAMANG JSC (PRESIDING) AMADU JSC PROF. MENSA – BONSU (MRS.) JSC GAEWU JSC DARKO ASARE JSC
Counsel:CHRISTOPH KOFI KOKA ESQ. FOR THE PETITIONER / APPELLANT / RESPONDENT / APPELLANT, MUJEEB RAHMAN AHMED ESQ. WITH ACKAH HIMANNS ESQ. AND ADADE BOAFO ESQ. FOR THE RESPONDENTS / RESPONDENTS / APPELLANTS / RESPONDENTS

JUDGMENT

PWAMANG, JSC:

My Lords, consideration of this appeal gave us anxious moments, largely on account of the scanty evidence about the existence at Larkpleku village of a chieftaincy institution as it is known under our laws. Article 270 (1) of the Constitution, 1992 states as follows concerning Chieftaincy;

(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.

It is further provided under Article 277 as follows;

“In this Chapter unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.”

From the above provisions, for any person to bring a suit before the statutory bodies with jurisdiction in chieftaincy matters concerning chieftaincy in any community in Ghana, the chieftaincy m…

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