AKENTEN II vs. YANKYERA

LUTTERODT JA. The Gyasewa stool of the Offinso Traditional area became vacant following the death of Nana Owusu Agyemang some 11 years ago. Three persons, including the applicant-respondent whom I shall hereinafter refer to as ‘the respondent’, laid adverse claims to the stool. They did so by oath and this was, as custom demanded, reported to the respondent-appellant, Nana Wiafe Akenten II, Omanhene of Offinso traditional area and the President of the Offinso Traditional Council. Henceforth I shall describe him as ‘the appellant’. The chieftaincy tribunal was to determine which of the three claimants owned the stool and was therefore entitled to nominate a candidate to fill the vacancy. In the course of the proceedings the respondent applied for the removal and replacement of the recording clerk on the ground of bias. When his application was turned down he appealed against the refusal and successfully obtained an order for a stay of the proceedings before the tribunal pendin...