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Court rules in favour of Nzema chief

The Kumasi High Court has reinstated the overlord of the Awiaso-Nzema traditional area, Awulae Kaku Ackah III into the National House of Chiefs after his name was wrongfully deleted from it.

The court presided over by His Lordship Justice Charles Adjei Wilson, ruled that it was wrong for the National House of Chiefs to have deleted the name of Awulae Ackah III after the predecessor, Awulae Ackah II died in 2013, without recourse to the family.

The court threw out an appeal filed by the applicants - National House of Chiefs - with Awulae Amihere Kpanyinli II as an interested party.

The applicant prayed the for an order of stay of execution of the judgement of the High Court.

Counsel for the applicants, Ernestina Abrahams, contended that the decision should be stayed pending the determination of the appeal she has filed.

An affidavit supporting the motion said the appeal has a reasonable chance of success because there were arguable legal points to be canvassed in favour of them.

However, in an opposing affidavit, the lead lawyer for the respondents, Yaw Anokye Frimpong argued among other things that the stay of execution was not executable order and that the application was devoid of merit.

He contended that no irreparable injury would be caused if the Awiaso Stool resumed its position in the Western regional House of Chiefs pending the final determination of the appeal.

But the court found that for the applicant to unilaterally delete the Awiaso Stool from the National Register of Chiefs was against the rule and thus quashed it and ordered the name of the respondent to be restored.

The court said for the name of the Awiaso Stool to be deleted from the register without notice to the occupant was a breach of natural justice.

Background

The battle for the overlord or king of Enzemaland started 97 years ago when the colonial masters forced the overlord Kaku Ackah I to run to Cape Coast after convincing other chiefs along the coast not to sign the Bond of 1844. He died in 1852.

Following that, the Ezemaland was divided into three—Jomoro, Elembele and Bassam - now under Cote d’Ivoire.

It was not until 2000/2001 when the case was reopened after 83 signatures were collected from all chiefs leading to the entoolement of Awulae Kaku Ackah II.