DJANGMAH VRS DORKUTSO & ANOR (J2/01/2024) [2024] GHASC 46 (30 October 2024)

DJANGMAH VRS DORKUTSO & ANOR (J2/01/2024) [2024] GHASC 46 (30 October 2024)

The Supreme Court held that the issue of rotational succession between the Loweh Adainya and Loweh Kpono families had not been conclusively determined in previous cases, as prior pronouncements were obiter dicta and not binding precedent. Upon evaluating the evidence, including admissions by the Appellants and the history of succession, the Court found that the Loweh Adainya Royal Family alone has the customary right to nominate, select, elect, install, and enstool the paramount chief of the Great Ningo Traditional Area. The appeal was dismissed and the decision of the Judicial Committee of the National House of Chiefs affirmed.

Citation
DJANGMAH VRS DORKUTSO & ANOR (J2/01/2024) [2024] GHASC 46 (30 October 2024)
Parties
Petitioner/appellant/respondent: Numo Osroagbo Djangmah (substituted by Numo Sobuabeh Osroagbo), Head and Lawful Representative of the Royal Family of Loweh Adainya; Respondent/respondent/appellant: Numo Huago Dorkutso, Head of Loweh Kpone Family; Respondent/respondent/appellant: Numo Tetteh Huago (substituted by Kwei Nortey Addo Huago)
Court
ghasc
Jurisdiction
Ghana
Judgment Date
30 October 2024
Procedural Posture
Chieftaincy Appeal / Final Appellate Judgment (supreme Court)
Outcome
Appeal dismissed; judgment of the Judicial Committee of the National House of Chiefs affirmed.
Legal Topics
Succession to Stool, Estoppel (res Judicata), Stare Decisis, Customary Succession, Interpretation of Customary Law, Judicial Precedent
Source Language
eng
Chieftaincy Law Customary Law Constitutional Law Succession to Stool Estoppel (res Judicata) Stare Decisis Customary Succession Interpretation of Customary Law +1 more

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Parties

Numo Osroagbo Djangmah (substituted by Numo Sobuabeh Osroagbo), Head and Lawful Representative of the Royal Family of Loweh Adainya

Petitioner/appellant/respondent

Numo Huago Dorkutso, Head of Loweh Kpone Family

Respondent/respondent/appellant

Numo Tetteh Huago (substituted by Kwei Nortey Addo Huago)

Respondent/respondent/appellant

Procedural Posture

Chieftaincy Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether succession to the Great Ningo Paramount Stool is by rotation between the Loweh Adainya and Loweh Kpono families or is the exclusive preserve of the Loweh Adainya Royal Family
  2. 2 Whether previous judicial decisions established a binding precedent or res judicata on the issue of rotational succession
  3. 3 Whether the Judicial Committee of the National House of Chiefs erred in law or fact in its findings

Ratio Decidendi

The Supreme Court held that the issue of rotational succession between the Loweh Adainya and Loweh Kpono families had not been conclusively determined in previous cases, as prior pronouncements were obiter dicta and not binding precedent. Upon evaluating the evidence, including admissions by the Appellants and the history of succession, the Court found that the Loweh Adainya Royal Family alone has the customary right to nominate, select, elect, install, and enstool the paramount chief of the Great Ningo Traditional Area. The appeal was dismissed and the decision of the Judicial Committee of the National House of Chiefs affirmed.

Court Disposition

Appeal dismissed; judgment of the Judicial Committee of the National House of Chiefs affirmed.

Orders

  • The Loweh Adainya Royal Family of the Ningo Traditional Area is the only appropriate Royal Family clothed with the lawful responsibility to nominate, elect, enstool or install a Paramount Chief for the Great Ningo Traditional Area.
  • The Appellants, their assigns, agents and all those claiming through them are perpetually restrained from further interference with matters relating to the nomination, election, enstoolment or installation of a Paramount Chief of the Great Ningo Traditional Area.