BOAMPONG vs. ABOAGYE AND OTHERS [1980]DLSC1567

Date	1980-11-30
Suit No.
Citation No.	[1980]DLSC1567

APALOO C.J

SOWAH JSC

ARCHER JSC

ANIN JSC

TAYLOR J.S.C.

THE APPELLANT IN PERSON.

NO APPEARANCE BY OR FOR THE RESPONDENT.

[1980]DLSC1567
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													<main id="main" class="content" style="min-height: 60rem" >&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; BOAMPONG
<o:p></o:p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;tab-stops:center 3.25in left 345.75pt;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">vs.<o:p></o:p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;tab-stops:center 3.25in left 345.75pt;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">ABOAGYE AND OTHERS<o:p></o:p>[SUPREME COURT, ACCRA] <o:p></o:p>[1980] GLR 927<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:
30
NOVEMBER 1981<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">

THE APPELLANT IN PERSON.<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">

APALOO C.J., SOWAH, ARCHER, ANIN AND
TAYLOR JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANIN J.S.C.<o:p></o:p>Anin
J.S.C. delivered the judgment of the court. Both parties to the suit are
members of the Royal Asona stool of Konongo; the first plaintiff being the
abusuapanin; the second plaintiff, the Obaapanin; and the third plaintiff, the
linguist; while the defendant was at all material times the Konongohene. In the
course of the protracted litigation through three subordinate tribunals,
substitutions were made for the original first and third plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>During
1970, a dispute arose between the parties. The plaintiffs’ complaint against
the defendant was that he had installed a chief without their consent and given
him an umbrella which belonged to the family. After an abortive attempt at
settling their differences internally, they submitted the dispute to the Juabenhemaa,
the customary overlord of Konongo, for an arbitration. The award went against
the defendant and he was ordered to apologise to his family; refund the “aseda”
(or thank-offering money) of ¢6.10 paid by the successful complainants; and
also to reimburse them for the cost of a sheep, assessed at ¢10.70, which they
slaughtered on account of his unlawful swearing of the customary oath.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant refunded the “aseda” but asked for time to settle the bill for the
sheep. On the adjourned date, however, he changed his mind; requested to be
given back the aseda and refused to pay for the sheep. This sudden volte-face
on the defendant’s part triggered off a constitutional crisis, the exact nature
of which was to be resolved in this suit. By their claim, the plaintiffs swore
the oath Kwadutwum and claimed “that Nana Kwadwo Boampong—
Konongohene—defendant, had destooled himself in public by removing his own
sandals and as Konongo stool is not useless complainants have accepted his
voluntary destoolment.”<o:p></o:p><o:p>&nbsp;</o:p>In
evidence, the plaintiffs recounted that as soon as the defendant refused to
comply with the Juabenhemaa’s arbitral awards, he declared in a fit of anger
that he was being pestered by the family, and that he was fed up. He thereupon
“pulled off his sandals which indicated he had destooled himself or abdicated
from the stool.” The first plaintiff then stood up and swore the oath of
Kwadutwum that “as Konongohene has destooled himself, I have taken the stool,
being the abusuapanin.” According to him, the necessary customary formalities
of sheep slaughtering and notification of Konongo stool elders were duly
performed.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant’s answer in a nutshell was that he never voluntarily removed his
sandals before the Juabenhemaa, as alleged. He explained that at the resumed
hearing of the arbitration, the first plaintiff swore an oath declaring him
destooled and immediately ordered his follower, Kwesi Dwumo, to pull off the
sandals, he (the defendant) was wearing, thereby signifying his abdication.
Since the Juabenhemaa had been implored to promote a settlement, he did not
desire to protract matters; consequently, he rendered apology and expected his
relatives to reciprocate his good gesture. However, he discovered during an
adjournment that the complainants were up to some mischief and were in fact
secretly attempting to muster support among other royals at Konongo to work on
the elders for his destoolment. When therefore he requested time at the resumed
hearing to settle the awards, the first plaintiff without more ado swore the
customary oath and declared that “he nominated and installed me as Konongohene
... that because of my attitude before Nana Juabenhemaa he cannot allow me to
be on the stool again. There immediately Kwesi Dwumo pulled down my sandals.”
He appealed thrice for the Juabenhemaa’s intervention; but all to no avail.
Wearing borrowed sandals, he made his exit from the house and lodged a
complaint with the police at Ejisu and, five days later, with his elders at
Konongo.<o:p></o:p>