REPUBLIC
V.
THE PRESIDENT, NATIONAL HOUSE OF CHIEFS, EX PARTE AKYEAMFOUR II

(1982) JELR 69920 (CA)    
Court of Appeal  ·  23 May 1982 ·  Ghana
 · 
Other Citations
[1982-83] GLR 10
CORAM
JIAGGE JA,FRANCOIS JA,MENSA BOISON J.A.
Core Terms Beta
national register of chiefs
eastern regional house of chiefs
name of the third respondent
national house of chiefs
chieftaincy act
high court
constitutional duty
appellant’s case
judicial discretion
natural justice
stool of asokore
report of the enstoolment of the applicant
issue of the rightful stool occupant
such publication
matter of registration
prayer of the appellant
legal authority
lord atkin’s famous dictum
refusal of the high court
chieftaincy affairs
order of certiorari
local government bulletin no.
judicial decision
proceedings of bodies
such particulars
electricity commissioners
registration functions of the national house of chiefs
state attorney
present case
ascertainment of the duty
quasi-judicial act
sections
status of chief
applicant’s motion
name of any person
rights of subjects
form c.d.f. particulars
clear meaning of that section
determination of a chieftaincy issue
basic principle
nana anka akyeamfour
maatschappij de fijnhouthandel n.v.
joint minority opinion
breach of the constitutional requirements
statutory document
fijnhouthandel case
publication of his name
given situation
apparent double entry
belated affidavit

FRANCOIS J.A.: He By his amended application filed on 12 August 1977, Nana Anka Akyeamfour II (hereinafter referred to as the appellant), sought “an order of certiorari to remove the name of the third respondent), Nana Sefa Atweneboa III (hereinafter referred to as the respondent), from the National Register of Chiefs and the Local Government Bulletin No. 27 dated Friday 20 June 1975 for the purpose of quashing the same.” The application was unsuccessfully made at the High Court, Accra. It was the refusal of the High Court to accede to the prayer of the appellant that has provoked this appeal.

The facts are as follows: The appellant and the respondent are two rival claimants to the stool of Asokore in the New Juaben Traditional Area. Both assert claims to due election and enstoolment to the stool by the accredited kingmakers. The stool is an important one as its occupant is automatically the Benkumhene of New Juaben.

The appellant’s case is that as far back as 17 April 1971, he had paid…

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