REPUBLIC vs. NANA AKUAMOAH BOATENG II; EX PARTE DANSOA AND ANOTHER [1980]DLHC1633

Date	1980-02-08
Suit No.
Citation No.	[1980]DLHC1633

APATU-PLANGE J.

E. G. TANOH (WITH HIM S. K. AMOFA) FOR THE APPLICANTS.

OFOSU-ASANTE FOR THE RESPONDENTS.

[1980]DLHC1633
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>NANA AKUAMOAH BOATENG II; EX PARTE DANSOA AND ANOTHER<o:p></o:p>[HIGH COURT, KOFORIDUA]<o:p></o:p>&nbsp;[1980] GLR 333<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
8 FEBRUARY 1980<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

E. G. TANOH (WITH HIM S. K. AMOFA) FOR THE
APPLICANTS.<o:p></o:p>

OFOSU-ASANTE FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APATU-PLANGE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APATU-PLANGE J.<o:p></o:p>This is
an application for an order of mandamus under Order 59, r. 2 of the High Court
(Civil Procedure) Rules, 1954 (LN 140A), to compel Nana Akuamoah Boateng II,
the Omanhene of the Kwahu Traditional Area, the respondent herein, to allow one
Nana Obeng Akrofi described as the new Obomenghene to swear the oath of
allegiance to him, the respondent, as custom demands in order to pave the way
for the said Obomenghene to be introduced to the Kwahu Traditional Council to
enable him take his place at the said traditional council. This application was
vehemently opposed by the respondents.<o:p></o:p>[The
court after referring to the history and circumstances that prompted the
application for mandamus continued.] The applicants swore to an affidavit in
support of their application and their paragraphs (9), (10) and (11) support in
every detail the evidence of their witnesses, Commander Osei and the Nifahene.
I reproduce below the said paragraphs in order to clarify the position:<o:p></o:p>“(9) That
the Regional Commissioner and Mr. Joe Appiah, true to their word, settled the
matter at Abene and to all intents and purposes, the matter had come to an end
to pave the way for the omanhene to receive the new Obomenghene for the
swearing of oath ceremony as the omanhene’s public duty demands. <o:p></o:p>(10) That
as a result of the settlement, the Nifahene has presented the new Beponghene to
the omanhene and the swearing of oath ceremony was performed and the new chief
has been introduced to the Kwahu Traditional Council accordingly. <o:p></o:p>(11) That
with reference to the Obomenghene, the omanhene has admittedly refused to
accept the Obomenghene even though he has been properly and constitutionally
nominated, elected and installed.”<o:p></o:p>The
respondent also swore to an affidavit in support of his case and called two
witnesses. The relevant portions could be found in paragraphs (9), (10), (11),
(12) and (14) and for the purposes of clarity I reproduce them below:<o:p></o:p>“(9) That
it is not correct that the suit between the queenmother of Obomeng and the
omanhene has been settled. (10) That attached hereto are copies of the
petitioner’s notice of discontinuance and a letter from the regional
commissioner which are all clear, and marked D and E respectively. Attached herewith
also a photocopy of the court order striking out the actions marked F. It is
self-evident that Ampadu knows that their suit against the omanhene has not
been settled. He therefore perjures himself by deposing to the contrary in his
affidavit. <o:p></o:p>(11) That
with regard to the Nifahene’s petition, the Nifahene was in accordance with
custom pronounced guilty in the presence of the regional commissioner and Mr.
Joe Appiah at Abene. He was asked to apologise and he did through the regional
commissioner and Mr. Joe Appiah and obtained eight cases of rum, two sheep and
twelve ‘cash’ sheep of nine pounds six shillings each and he has paid all
these. <o:p></o:p>(14) That
with full knowledge of all these facts, and since the queenmother was not at
Abene when the regional commissioner and Mr. Joe Appiah came there to settle
the Nifahene’s case, she cannot be heard to swear that her suit has been
settled. Her motion is in bad faith. Her statements are false.”<o:p></o:p><o:p>&nbsp;</o:p>The
picture presented by the above therefore was that Commander Osei and Mr. Joe
Appiah came to Abene to settle the two consolidated cases withdrawn from the
Eastern Regional House of Chiefs but succeeded in settling only the Nifahene’s
case.<o:p></o:p>