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REPUBLIC
V.
NATIONAL HOUSE OF CHIEFS AND OTHERS; EX PARTE FAIBIL III AND OTHERS

(1986) JELR 67137 (CA)

Court of Appeal 26 Mar 1986 Ghana
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- The Court of Appeal set aside the High Court’s order of mandamus removing the appellant’s name from the National Register of Chiefs, holding that the registration and publication of the appellant’s enstoolment were carried out in accordan

Case Details

Judges:FRANCOIS J.S.C,EDWARD WIREDU JA,OSEI-HWERE J.A.
Counsel:GAISIE (WITH HIM HUGHES AND W. A. N. ADUMUA-BOSSMAN) FOR THE APPELLANT; ESSEL FOR THE RESPONDENTS.

EDWARD WIREDU J.A.

The appellant was until the events leading to the proceedings in the High Court, Accra, which has resulted in this appeal, the Omanhene of Wasa Fiase Traditional Area with the stool name, Nana Ntsiful Essel IV. The facts before the court show that he was enstooled on 19 March 1975. A report of that enstoolment was forwarded to the registrar of the National House of Chiefs on 15 April 1975 by the Western Regional House of Chiefs under section 15(1) of the Chieftaincy Act, 1971 (Act 370). The facts further show that along with the report was a caution letter in the following terms:

“Please note that a petition against the installation of Nana Amihiere Agyiliha as Nana Ntsiful Essel IV, Omanhene of Wasa Fiase Traditional Area, has been filed before the judicial committee of this house.”

The undisputed evidence shows that the appellant’s enstoolment in spite of the “warning letter” was published in the Local Government Bulletin No.27 of 20 June 1975. It is therefore clear…

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