Nana Yeboah-kodie Asare Ii and Another Vrs Nana Kwaku Addai and Others [2014] GHASC 165 (21 May 2014)

Nana Yeboah-kodie Asare Ii and Another Vrs Nana Kwaku Addai and Others [2014] GHASC 165 (21 May 2014)

The Supreme Court held that the Jamasihene could not, by mere pronouncement, divest the Bedomasi Bretuo family of the Yonsohene stool and vest it in another family, as such power is not supported by custom or the Constitution. The trial committee's findings, based on evidence and custom, were improperly overturned by the appellate committees. The appeal was allowed, restoring the trial committee's decision in favor of the defendants.

Citation
[2014] GHASC 165
Parties
Plaintiff/appellant/respondent: Nana Yeboah-Kodie Asare II; Plaintiff/appellant/respondent: Nana Kwame Sarfo Kantanka; Defendant/respondent/appellant: Nana Kwaku Addai; Defendant/respondent/appellant: Nana Oforiwaa Amanfo; Defendant/respondent/appellant: Nana Kwame Brobbey; Defendant/respondent/appellant: Nana Owusu Achiaw; Defendant/respondent/appellant: Nana Agyapong; Defendant/respondent/appellant: Opanin Atakora Manu; Defendant/respondent/appellant: Addae Boateng; Defendant/respondent/appellant: Francis Yaw Adusei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 May 2014
Procedural Posture
Chieftaincy Appeal / Supreme Court Final Appellate Decision
Outcome
Appeal allowed; appellate decisions set aside; trial committee decision restored in favor of defendants.
Legal Topics
Chieftaincy Succession, Customary Law Interpretation, Constitutional Relationship Between Chiefs, Jurisdiction of Chieftaincy Tribunals, Concurrent Findings of Fact, Bias in Adjudication
Source Language
English
Constitutional Law Customary Law Chieftaincy Law Chieftaincy Succession Customary Law Interpretation Constitutional Relationship Between Chiefs Jurisdiction of Chieftaincy Tribunals Concurrent Findings of Fact +1 more

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Parties

Nana Yeboah-Kodie Asare II

Plaintiff/appellant/respondent

Nana Kwame Sarfo Kantanka

Plaintiff/appellant/respondent

Nana Kwaku Addai

Defendant/respondent/appellant

Nana Oforiwaa Amanfo

Defendant/respondent/appellant

Nana Kwame Brobbey

Defendant/respondent/appellant

Nana Owusu Achiaw

Defendant/respondent/appellant

Nana Agyapong

Defendant/respondent/appellant

Opanin Atakora Manu

Defendant/respondent/appellant

Addae Boateng

Defendant/respondent/appellant

Francis Yaw Adusei

Defendant/respondent/appellant

Procedural Posture

Chieftaincy Appeal / Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether the Jamasihene could divest the Yonsohene stool from the Bedomasi Bretuo family and vest it in another family by mere pronouncement
  2. 2 Whether the appellate committees erred in departing from the trial committee's findings
  3. 3 Whether the allegations of bias against panel members were established

Ratio Decidendi

The Supreme Court held that the Jamasihene could not, by mere pronouncement, divest the Bedomasi Bretuo family of the Yonsohene stool and vest it in another family, as such power is not supported by custom or the Constitution. The trial committee's findings, based on evidence and custom, were improperly overturned by the appellate committees. The appeal was allowed, restoring the trial committee's decision in favor of the defendants.

Court Disposition

Appeal allowed; appellate decisions set aside; trial committee decision restored in favor of defendants.

Orders

  • Judgment of the Judicial Committee of the National House of Chiefs dated 5th April 2006 set aside.
  • Judgment of the Ashanti Regional House of Chiefs dated 22nd December 1999 set aside.