[1988]DLSC234 • November 24, 1988 • Supreme Court •
ABABIO AND OTHERS vs. MENSAH AND OTHERS
The first applicant, Nana Prako Ababio, was the undisputed chief of Techimantia until he abdicated in December 1977. He later claimed to have been reenstooled. The respondents, apparently kingmakers, contested this claim and initiated legal proceedings to assert that a new chief had been enstooled. The dispute involved possession of the Techimantia stool and related paraphernalia, with conflicting orders from various chieftaincy tribunals and courts regarding custody and rightful ownership.
read moreJUDGMENT OF AMUA-SEKYI J.S.C. He delivered the ruling of the majority of the court. The first applicant, Nana Prako Ababio (hereafter called the applicants), was at one time the undisputed chief of Techimantia. In December 1977 he abdicated from the stool, thus opening the way for another person to be enstooled in his stead. He however claimed to have been re-enstooled. To contest this the respondents, who are apparently kingmakers of Techimantia, issued a writ against him and two others at the High Court, Sunyani for declaratory reliefs and an injunction. They followed this up with a successful application to the chieftaincy tribunal of the Brong-Ahafo Regional House of Chiefs for an order impounding the black stool and other stool paraphernalia. When the High Court declined jurisdiction in the action pending before it, the applicant invited the regional house of chiefs to restore the stool paraphernalia to him and, when this was refused, he lodged an appeal against the dec...