Abuse of the judicial process

Facts and Background The petitioners and the respondents both hail from the same clan though from different families within the clan, at Pulima in the Upper West Region. The respondent/appellant/appellant (hereinafter referred to as appellant) hails from the Cheberbala family, and the petitioners/respondents/respondents (hereinafter referred to as respondents), from the Gbanhaala family, both families being different branches within the Guivera Clan of Pulima. The petitioners’ case is that, upon the death of Kpunia Nankpa (then Kuoro of Pulima) in the year 1998, Alhaji Abdulai Nankpa of the Gbanhanla family was selected to succeed him. According to petitioners, 1st petitioner was nominated by the Johotina (the land Priest) of Pulima and endorsed by the kingmakers after which he was introduced to the Tumu Kuoro, the overlord Chief. They say that on account of being an illiterate, Alhaji Abdulai Nankpa, decided to transfer his status as enskinned Chief of Pulima to his son, Mumuni Abdul Nankpa. The case of the appellant is that, upon the demise of Kpunia Nankpa, he, being qualified to succeed the deceased Chief by reason of hailing from Cheberbala family also of the Ganviera Clan, expressed his interest in occupying the skin to the Johotiina of Pulima (Mumuni Bayorbor, now deceased). This Johotiina is a different person from the one who is said to have nominated the 1 petitioner. The appellant says that his Johotina summoned the Kingmakers who endorsed his nomination and had him enskinned as Kuoro of Pulima. The petitioner/respondents, claiming that apart from Gbanhaala family no other family can ascend to the Pulima Skin, challenged the enskinment of the appellant as having been validly enskinned as successor to the late Kpunia Nankpa

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