NANA GYAMFI KUMANIN II vs. OPANIN KWAKU ANIN

The appellant, Nana Gyamfi Kumanin II, claimed a constitutional relationship of allegiance between his Taahyenhene stool and the Asaago Odikro stool, asserting that the Asaago Odikro swears allegiance to him as Taahyenhene. The respondent, Opanin Kwaku Anin, counterclaimed that he is the head of the Asaago family and that the Asaago stool swears allegiance directly to the Asantehene (Golden Stool), not subordinate to the Taahyenhene. Both parties presented traditional and recent evidence tracing their stools' origins from Denkyira to Ashanti and the nature of their allegiance. The appellant produced evidence including oaths, letters, and customary acts supporting his claim of overlordship, while the respondent relied on traditional history and customary practices asserting direct allegiance to the Asantehene.

EDWARD WIREDU, J.S.C.: This appeal is from the decision of the Chieftaincy Tribunal of the National House of Chiefs dated 16th August, 1995. This judgment by a majority of 3 to 2 affirmed the decision of the Ashanti Region House of Chiefs dated 9th March, 1993, in favour of the co-petitioner Respondent who will hereafter be referred to simply as the Respondent. The Ashanti Regional Houses of Chief by it's decision referred to supra had allowed an appeal brought by the Respondent against the decision of the Judicial Committee of Kumasi Traditional Council which by a majority of 2 to 1 upheld a claim by the petitioner appellant by its judgment dated 31st May, 1991. The petitioner appellant in this case will hereafter be referred to simply as the appellant. The main issue raised for determination in this appeal is an answer to the question "Whether there exists a constitutional relationship between the appellant stool and the Asaago Odikro Stool?" The appellant claims that there ex...