Bofour Iv Vrs Kuo and Others [2020] GHASC 62 (11 November 2020)

Bofour Iv Vrs Kuo and Others [2020] GHASC 62 (11 November 2020)

The Supreme Court held that the dispute concerned a divisional stool (Kojo Bofour) and, by law, such matters must be commenced before the Judicial Committee of the relevant Traditional Council (Yeji Traditional Council), not the Regional House of Chiefs. The inclusion of the paramount chief as a party did not confer jurisdiction on the Regional House. The petitioner's claim of bias was previously dismissed by the High Court and did not justify forum shopping. The costs awarded were justified by the petitioner's delays and conduct.

Citation
[2020] GHASC 62
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
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2020
Procedural Posture
Chieftaincy Appeal / Final Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Traditional Councils, Jurisdiction of Regional House of Chiefs, Natural Justice, Forum Selection, Costs in Chieftaincy Disputes
Source Language
English
Chieftaincy Law Constitutional Law Customary Law Jurisdiction of Traditional Councils Jurisdiction of Regional House of Chiefs 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

4th Respondent/respondent/respondent

Procedural Posture

Chieftaincy Appeal / Final Appeal Judgment

Legal Issues

  1. 1 Whether the Judicial Committee of the Brong Ahafo Regional House of Chiefs had jurisdiction over a dispute involving the Kojo Bofour divisional stool
  2. 2 Whether the inclusion of a paramount chief as a party confers jurisdiction on the Regional House of Chiefs
  3. 3 Whether the petitioner's claim of bias justified forum selection

Ratio Decidendi

The Supreme Court held that the dispute concerned a divisional stool (Kojo Bofour) and, by law, such matters must be commenced before the Judicial Committee of the relevant Traditional Council (Yeji Traditional Council), not the Regional House of Chiefs. The inclusion of the paramount chief as a party did not confer jurisdiction on the Regional House. The petitioner's claim of bias was previously dismissed by the High Court and did not justify forum shopping. The costs awarded were justified by the petitioner's delays and conduct.

Court Disposition

appeal dismissed

Orders

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