REPUBLIC vs. COURT OF APPEAL; EX PARTE EKUNTAN II

JUDGMENT OF ADADE J.S.C. In 1984 the applicant, Nana Kwamena Ekuntan II, was installed as chief of Dwomo in the Western Region. Before his installation, and during the period when the stool was vacant, the stool properties, including in particular the stool itself, were in the possession and custody of his head of family, ebusuapanyin Kobina Ansah. After his installation, he asked for the stool properties, but somehow he failed to recover them from the ebusuapanyin. He decided to resort to self-help. He sent two men, Kofi Annan and Bedu Mbom, to forcibly take them from the ebusuapanyin. They did and brought them to the chief. Aggrieved, the ebusuapanyin sued Kofi Annan and Bedu Mbom in the High Court, Sekondi for: (a) a declaration that the removal of the Dwomo stool from the plaintiff’s custody by the defendants is unlawful and against custom; and (b) an order for the return of the said stool to the plaintiff by the defendants.” At the trial, Nana Ekuntan gave evi...