APALOO J.A.: The parties to this appeal appear to belong to the Nvaviley stool family of Brewire, Axim. The evidence shows that there have been in the past disputes between their predecessors as to which party in the wider family was entitled to elect a candidate to the stool and from which branch of the family the election was to be made. One such dispute was determined by Morgan J. in 1904.
At a date prior to May 1955, Chief Kwamin Gharmin II died and a person called Ebie Mienzah was elected as a successor to him. This provoked a dispute in which his right to do so was questioned in the Upper Axim State Council. The council’s decision was adverse to the appellants. The state council’s decision was appealed against to the judicial commissioner who reversed it. His finding was accepted by the President who caused it to be published in the Local Government Bulletin of 28 June 1963.
That decision was final and is binding on the parties. Its binding efficacy is not now in issue. But it see…