Ratio DecidendiRatio Decidendi



THE REPUBLIC
V.
THE PRESIDENT, NATIONAL HOUSE OF CHIEFS, KUMASI EXPARTE NANA AMOA VII & ORS

(2021) JELR 107962 (SC)    
Supreme Court  ·  J4/27/2020 ·  24 Mar 2021 ·  Ghana
CORAM
APPAU, JSC (PRESIDING) PWAMANG, JSC DORDZIE (MRS.), JSC LOVELACE-JOHNSON (MS.), JSC AMADU, JSC

Ratio Decidendi

Core Terms Beta
respondents
high court
1st respondent
national house of chiefs
national register of chiefs
trial court
court of appeal
register of chiefs
appellants
chief of amoasima
supreme court
name of the appellant
2nd respondents
additional grounds
judicial committee
chieftaincy declaration forms
decision of the court of appeal
decision of the high court
ebusuapanyin kojo yamoah case
grounds of fraud
interested party
research committee
standing orders
statement of case
appellant’s chieftaincy declaration forms
approval of the name of the name
argument of the instant appellant
asebu traditional council
case of 1st respondent
court of law
enstoolment of the 1st respondent
exercise of administrative act
grounds of lack of jurisdiction
instant appellant
kojo adan
kojo yamoah
legal effect
main issues
name of nana amoah
name of the instant appellant
ohene of amoasima
order of mandamus
procedural jurisdiction of the high court
recognized chief of amoasima
regional house of chiefs
removal of the name of the chief
said kweku benyi
statutory provisions of the chieftaincy act
such approvals
wrong person

JUDGMENT

AMADU JSC

(1) This appeal is from the decision of the Court of Appeal dated the 16th day of October 2018. The action culminating in this appeal was commenced by an originating motion for an order of mandamus to issue by the Appellants/Respondents/Respondents (hereinafter referred to as “Respondents”) against the Respondents/Appellants/Appellants to expunge from the National Register of Chiefs the name of Kweku Benyi aka Nana Amoah VII the Interested Party/Appellant/Appellant (hereinafter referred to as ‘Appellant’) and to cancel an extract bearing Serial No.952 to the said Kweku Benyi or set same aside on grounds of fraud.

(2) In determining the application, the High Court found in favour of the Applicants whereupon it ordered the 1st and 2nd Respondents/ Appellants to remove the name of the instant Appellant from the register of chiefs. The instant Appellant, dissatisfied with the decision of the High Court appealed to the Court of Appeal which dismissed the appeal from which d…

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