Bofour Iv Vrs Kuo & 3 Ors [2020] GHASC 135 (11 November 2020)

Bofour Iv Vrs Kuo & 3 Ors [2020] GHASC 135 (11 November 2020)

The Supreme Court held that the dispute concerned a divisional stool (Kojo Bofour) and not a paramount stool, and therefore the Judicial Committee of the Yeji Traditional Council was the proper forum. The inclusion of the Omanhene and the Traditional Council as parties did not confer jurisdiction on the Regional House of Chiefs. The appeal was dismissed, and the costs awarded below were upheld as justified by the petitioner's delays.

Citation
[2020] GHASC 135
Parties
Petitioner/appellant/appellant: Nana Agyare Bofour IV; Respondent/respondent/respondent: Joseph Adade Ansah; Respondent/respondent/respondent: Nana Kofi Ayerekete; Respondent/respondent/respondent: Nana Yaw Kagbrese V; Respondent/respondent/respondent: Yeji Traditional Council, Yeji
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2020
Procedural Posture
Chieftaincy Appeal / Final Appeal Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Chieftaincy Disputes, Forum Selection, Natural Justice, Costs in Chieftaincy Proceedings
Source Language
English
Chieftaincy Law Constitutional Law Customary Law Jurisdiction of Chieftaincy Disputes Forum Selection Natural Justice Costs in Chieftaincy Proceedings

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Parties

Nana Agyare Bofour IV

Petitioner/appellant/appellant

Joseph Adade Ansah

Respondent/respondent/respondent

Nana Kofi Ayerekete

Respondent/respondent/respondent

Nana Yaw Kagbrese V

Respondent/respondent/respondent

Yeji Traditional Council, Yeji

Respondent/respondent/respondent

Procedural Posture

Chieftaincy Appeal / Final Appeal Judgment (supreme Court)

Legal Issues

  1. 1 Whether the Judicial Committee of the Brong Ahafo Regional House of Chiefs had jurisdiction to hear the petition concerning the Kojo Bofour stool dispute
  2. 2 Whether the inclusion of the Omanhene and the Traditional Council as parties conferred jurisdiction on the Regional House of Chiefs
  3. 3 Whether the award of costs against the petitioner was excessive

Ratio Decidendi

The Supreme Court held that the dispute concerned a divisional stool (Kojo Bofour) and not a paramount stool, and therefore the Judicial Committee of the Yeji Traditional Council was the proper forum. The inclusion of the Omanhene and the Traditional Council as parties did not confer jurisdiction on the Regional House of Chiefs. The appeal was dismissed, and the costs awarded below were upheld as justified by the petitioner's delays.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Costs awarded below are upheld