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The case of NUUMO NYAKOMLE (DECEASED) & 7ORS. VRS NII TETTEH ASHONG revolves around a dispute over the removal of the Respondent, Nii Tetteh Ashong, as the Chief Fisherman of Kpone Traditional Area. The Appellants sought a declaration that the Respondent had been validly removed from office and consequential orders for accounts and delivery of properties associated with his office.
This case falls under the area of Chieftaincy Law, specifically dealing with the jurisdiction of courts in matters affecting chieftaincy.
The central question addressed by the court was whether the trial court had jurisdiction to adjudicate over the matter, given that it was a cause or matter affecting chieftaincy.
Key legal principles applied in this case include the definition of a chief under Article 277 of the 1992 Constitution, the meaning of a cause or matter affecting chieftaincy under Section 117 of the Courts Act, 1993, and the categories of chiefs under Section 58 of the Chieftaincy Act, 2008.
The Supreme Court ultimately ruled on the jurisdiction of the trial court to hear the case, determining whether the dispute constituted a chieftaincy matter.
This case is significant for legal practitioners as it clarifies the distinction between a chief and other traditional leaders, such as a Chief Fisherman, and the jurisdiction of courts in matters affecting chieftaincy, providing guidance on the application of relevant legal principles in similar disputes.
Presiding Justice
SACKEY TORKORNOO (MRS.) CJ
Date of Judgment
2nd February 2024
Neutral Citation
[2024] SUPREMECOURT 37
Plaintiff/Appellant
NUUMO NYAKOMLE (DECEASED) & 7ORS
Defendant/Respondent
NII TETTEH ASHONG