Ampaa-andoh Viii Vrs Paramount Stool Of Breman Essiam and Others [2018] GHASC 41 (13 June 2018)

Ampaa-andoh Viii Vrs Paramount Stool Of Breman Essiam and Others [2018] GHASC 41 (13 June 2018)

The proceedings before the Commission and the High Court after the consolidation were fundamentally incompetent due to failure to serve and include the Paramount Stool of Enyan Denkyira as a party, and the High Court's resumption of jurisdiction was premature and void. The Court of Appeal was correct in setting aside the High Court judgment and ordering a retrial.

Citation
[2018] GHASC 41
Parties
Plaintiff/appellant/respondent: Nana Ampaa-Andoh VIII (substituted by Albert Kobina Koomson); 1st Defendant/respondent/appellant: Paramount Stool of Breman Essiam (substituted by Nana Efua Esiwa II); 2nd Defendant/respondent/appellant: Kobina Mensah (substituted by Nana Atta Kwaw IV); Co Defendant/respondent/appellant: Nana Oguamon Atwere II (substituted by Ebusuapanyin Kwame Dom, substituted by Nicholas Sam); Claimant: Enyan Denyira Stool; Claimant: Breman Essiam Stool; Claimant: Ejumako Stool
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 June 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; judgment of Court of Appeal affirmed; retrial ordered
Legal Topics
Stool Land Boundaries, Jurisdiction, Procedural Irregularity, Capacity to Sue, Consolidation of Suits
Source Language
English
Land Law Civil Procedure Customary Law Stool Land Boundaries Jurisdiction Procedural Irregularity Capacity to Sue Consolidation of Suits

Case Brief

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Parties

Nana Ampaa-Andoh VIII (substituted by Albert Kobina Koomson)

Plaintiff/appellant/respondent

Paramount Stool of Breman Essiam (substituted by Nana Efua Esiwa II)

1st Defendant/respondent/appellant

Kobina Mensah (substituted by Nana Atta Kwaw IV)

2nd Defendant/respondent/appellant

Nana Oguamon Atwere II (substituted by Ebusuapanyin Kwame Dom, substituted by Nicholas Sam)

Co Defendant/respondent/appellant

Enyan Denyira Stool

Claimant

Breman Essiam Stool

Claimant

Ejumako Stool

Claimant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the High Court proceedings after consolidation were valid
  2. 2 Whether the Paramount Stool of Enyan Denkyira was properly served and represented
  3. 3 Whether the procedural errors warranted a retrial

Ratio Decidendi

The proceedings before the Commission and the High Court after the consolidation were fundamentally incompetent due to failure to serve and include the Paramount Stool of Enyan Denkyira as a party, and the High Court's resumption of jurisdiction was premature and void. The Court of Appeal was correct in setting aside the High Court judgment and ordering a retrial.

Court Disposition

Appeal dismissed; judgment of Court of Appeal affirmed; retrial ordered

Orders

  • Proceedings in the Commission and High Court after 23rd April, 1997 set aside as incompetent
  • Order for retrial affirmed