NYAKOMLE & 7 ORS VRS ASHONG (J4/27/2023) [2024] GHASC 9 (28 February 2024)

NYAKOMLE & 7 ORS VRS ASHONG (J4/27/2023) [2024] GHASC 9 (28 February 2024)

The Chief Fisherman of Kpone Traditional Area is not a chief within the meaning of Article 277 of the Constitution and Chieftaincy Act 2008 (Act 759); therefore, the dispute regarding his removal and recovery of properties is not a cause or matter affecting chieftaincy, and the High Court had jurisdiction to adjudicate the matter.

Citation
NYAKOMLE & 7 ORS VRS ASHONG (J4/27/2023) [2024] GHASC 9 (28 February 2024)
Parties
Plaintiff/respondent/appellant: Nuumo Nyakomle (deceased); Plaintiff/respondent/appellant: Narh Sandey (deceased); Plaintiff/respondent/appellant: Noye Nortey; Plaintiff/respondent/appellant: Lolebi Tetteh; Plaintiff/respondent/appellant: Yoodon Bi Tawiah; Plaintiff/respondent/appellant: Noye Ga Tsebi Annang; Plaintiff/respondent/appellant: Glebu Bi Nuertey; Plaintiff/respondent/appellant: Michael Mensah; Defendant/appellant/respondent: Nii Tetteh Ashong
Court
ghasc
Jurisdiction
Ghana
Judgment Date
28 February 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal allowed; judgment of Court of Appeal reversed; judgment of trial High Court restored
Legal Topics
Chieftaincy Disputes, Jurisdiction, Removal From Office, Trusteeship, Customary Office
Source Language
eng
Customary Law Constitutional Law Civil Procedure Chieftaincy Disputes Jurisdiction Removal From Office Trusteeship Customary Office

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Parties

Nuumo Nyakomle (deceased)

Plaintiff/respondent/appellant

Narh Sandey (deceased)

Plaintiff/respondent/appellant

Noye Nortey

Plaintiff/respondent/appellant

Lolebi Tetteh

Plaintiff/respondent/appellant

Yoodon Bi Tawiah

Plaintiff/respondent/appellant

Noye Ga Tsebi Annang

Plaintiff/respondent/appellant

Glebu Bi Nuertey

Plaintiff/respondent/appellant

Michael Mensah

Plaintiff/respondent/appellant

Nii Tetteh Ashong

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the Chief Fisherman is a 'chief' under Article 277 of the Constitution and Chieftaincy Act 2008 (Act 759)
  2. 2 Whether the dispute constitutes a cause or matter affecting chieftaincy and thus outside the High Court's jurisdiction

Ratio Decidendi

The Chief Fisherman of Kpone Traditional Area is not a chief within the meaning of Article 277 of the Constitution and Chieftaincy Act 2008 (Act 759); therefore, the dispute regarding his removal and recovery of properties is not a cause or matter affecting chieftaincy, and the High Court had jurisdiction to adjudicate the matter.

Court Disposition

appeal allowed; judgment of Court of Appeal reversed; judgment of trial High Court restored

Orders

  • Respondent validly and properly removed from office as Chief Fisherman of Kpone Traditional Area
  • Respondent to render account of all monies, items, and logistics received on behalf of fisherfolks within thirty (30) days