DARKO vs. BRAKO AND OTHERS

JUDGMENT OF CHARLES CRABBE J.S.C. Charles Crabbe J.S.C. delivered the judgment of the court. The plaintiff-appellant (hereinafter referred to as the appellant) claimed before the judicial committee of the Kwahu Traditional Council (KTC) at Mpraeso: (a) a declaration that the members of the Afari Boagyan-Ofosua Akubour House, Obo, Kwahu, constituted one of the ruling houses of the Aduana-Amoakare clan of Obo, Kwahu, and were, therefore, entitled and eligible under customary law to be nominated, elected and installed as occupants of both the male stool and the queenmother’s stool of Obo, Kwahu; and (b) a consequential order that they be made a party to the terms of a settlement reduced into writing and dated 19 February 1973, made between the defendants-respondents representing their respective houses concerning the right to occupy both the stool and the queenmother’s stool of Obo, Kwahu. The KTC decided in favour of the appellant. The defendants-respondents (hereinafter referr...