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REPUBLIC
V.
SECRETARY FOR CHIEFTAINCY AFFAIRS AND OTHERS; EX PARTE SAM

(1987) JELR 84861 (CA)

Court of Appeal 14 May 1987 Ghana
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Judges:OSEI-HWERE, WUAKU AND AMUA-SEKYI JJ.A.
Counsel:James Ahenkorah (with him Amegatcher) for the appellant. Anson, Chief State Attorney, for the first, second and third respondents. Enoch D Kom for the fourth respondent
Other Citations:[1987-88] 1 GLR 189-195

Amua-Sekyi, J.A.: This is an appeal from the decision of Ansah-Twum J dismissing an application for an order of certiorari, or alternatively mandamus. The dispute concerned the Amanfupong stool, the occupancy of which was being contested by two factions of the stool family. In 1974 the Commissioner for Chieftaincy Affairs acting under powers conferred upon him by section 9 (3) of the Chieftaincy Act, 1971 (Act 370), referred the dispute to the Central Regional House of Chiefs. The house appointed a committee of three to go into the matter. The committee took evidence and later submitted a report to the house upholding the claim of the Saltpond section of the stool family to be the rightful occupants of the stool. They held that the Breman Asikuma section were only entitled to the office of gyasehene.

The house considered the report of the committee. It took the view that on the evidence before the committee the proper conclusion to have arrived at was that both sections were entitled t…

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