BARNIE AND ANOTHER vs. MANU

This is an appeal from a decision of the National House of Chiefs dated 30 May 1991. The action was commenced in the Kumasi Traditional Council by an oath sworn by the 1st plaintiff for and on behalf of the 2nd plaintiff to the effect that: “... by virtue of 2nd plaintiff’s marriage to the Asantehene, she is the legitimate Ananta Obaapanin, and therefore the Ananta Gyasehene cannot nominate a candidate to occupy the vacant Ananta stool without consulting her”. The defendant countered this claim with the assertion that “the 2nd plaintiff is just a stool wife to the Asantehene but not the Ananta Obaapanin.” The defendant further contended that the Ananta Obaapanin stool was vacant. After hearing evidence the judicial committee of the Kumasi Traditional Council found in favour of the defendant, on the main ground that: “The 2nd plaintiff has sworn a reckless oath and should be found liable since she knows that there had been a pending oath case on the Ananta Obaapanin issu...