BOFOUR IV VRS. ANSAH AND ANOTHER (J2/01/2020) [2020] GHASC 147 (11 November 2020)

BOFOUR IV VRS. ANSAH AND ANOTHER (J2/01/2020) [2020] GHASC 147 (11 November 2020)

The Supreme Court held that the Kojo Bofour stool is a divisional stool, and disputes regarding its occupancy must be commenced before the Judicial Committee of the Yeji Traditional Council, not the Regional House of Chiefs. The inclusion of the Omanhene and Traditional Council as parties did not alter the jurisdictional requirements. The petitioner's forum shopping and delays justified the costs awarded. The appeal was dismissed in its entirety.

Citation
[2020] GHASC 147
Parties
Petitioner/appellant/appellant: Nana Agyare Bofour IV; 1st Respondent/respondent/respondent: Joseph Adade Ansah; 2nd Respondent/respondent/respondent: Nana Kofi Ayerekete; 3rd Respondent/respondent/respondent: Nana Yaw Kagbrese V; 4th Respondent/respondent/respondent: Yeji Traditional Council, Yeji
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2020
Case Number
J2/01/2020
Procedural Posture
Chieftaincy Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Traditional Councils, Original and Appellate Jurisdiction, Natural Justice, Forum Selection, Costs in Chieftaincy Disputes
Source Language
English
Chieftaincy Law Constitutional Law Customary Law Jurisdiction of Traditional Councils Original and Appellate Jurisdiction Natural Justice Forum Selection Costs in Chieftaincy Disputes

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Parties

Nana Agyare Bofour IV

Petitioner/appellant/appellant

Joseph Adade Ansah

1st Respondent/respondent/respondent

Nana Kofi Ayerekete

2nd Respondent/respondent/respondent

Nana Yaw Kagbrese V

3rd Respondent/respondent/respondent

Yeji Traditional Council, Yeji

4th Respondent/respondent/respondent

Procedural Posture

Chieftaincy Appeal / Final Appellate 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 regarding the Kojo Bofour stool dispute
  2. 2 Whether the inclusion of the Omanhene and Traditional Council as parties conferred jurisdiction on the Regional House of Chiefs
  3. 3 Whether the award of costs against the petitioner was excessive or improper

Ratio Decidendi

The Supreme Court held that the Kojo Bofour stool is a divisional stool, and disputes regarding its occupancy must be commenced before the Judicial Committee of the Yeji Traditional Council, not the Regional House of Chiefs. The inclusion of the Omanhene and Traditional Council as parties did not alter the jurisdictional requirements. The petitioner's forum shopping and delays justified the costs awarded. The appeal was dismissed in its entirety.

Court Disposition

appeal dismissed

Orders

  • Appeal by the petitioner is dismissed in its entirety.
  • Costs awarded by the lower tribunals are affirmed.