[1999]DLSC505July 21, 1999Supreme Court

OPOKU vs. NYAMEKYE

JUDGMENTS OF CHARLES HAYFRON-BENJAMIN JSC. This is an appeal from the judgment of the chieftaincy committee of the National House of Chiefs wherein nananom reversed the judgment of the Ashanti Regional House of Chiefs and thereby affirmed the judgment of the Kumasi Traditional Council. The appellant will hereinafter be called the plaintiff and the respondent the defendant. The plaintiff by the oath procedure swore that: “The defendant is not to the Krobo stool and therefore he (the defendant) is not eligible to the Krobo stool and that the defendant is eligible only to the Benkum stool of Krobo.” The defendant also swore back in reply that: “He being the Krobohene elect and also a royal to the Krobo Stool is eligible to the Krobo stool in view of his ancestral link to the stool.” Upon the issues joined, the judicial committee of the Kumasi Traditional Council by a majority gave judgment for the defendant. The plaintiff appealed from that decision to the judicial commit...