[1962]DLHC1485 • January 25, 1962 • High Court
KWARTENG vs. DONKOR
The plaintiff contracted the defendant to use his influence to secure the destoolment of Kwaku Dua and the election of the plaintiff's nephew, Kwame Sei, as Agogohene. The defendant helped in destooling Kwaku Dua and supported Kwame Sei's election, but Kwame Sei was not installed due to opposition by the Queenmother and government support for a rival candidate. The plaintiff sought to recover £520 from the defendant, claiming the defendant failed to bring the stool to his house as agreed.
read moreJUDGEMENT OF APALOO, J. [His lordship referred to the facts and the agreement set out in the headnote and continued:] The plaintiff said that the defendant did not succeed in bringing the stool to his house and accordingly seeks by this action to recover the sum of £520, which the defendant on his own admission owed him. The defendant’s reply is that he had helped not only in getting Kwaku Dua destooled but also in electing Kwame Sei, the plaintiff’s nephew and a member of the Kronkomase ruling house as the Agogohene. Accordingly, the defendant contends that he has performed his part of the agreement and that the action did not lie. Although the agreement (exhibit A) did not oblige the defendant to perform any act in relation to the destoolment of Kwaku Dua, I am satisfied that on the strength of it, the defendant helped in framing destoolment charges against Kwaku Dua and in fact testified against him before the Owusu Afriyie Committee of Enquiry which determined the c...