DARKO vs. BRAKO AND OTHERS [1982]DLSC2115

Date	1982-03-03
Suit No.
Citation No.	[1982]DLSC2115

ARCHER JSC

ANIN JSC

CHARLES CRABBE JSC

ADADE JSC

TAYLOR J.S.C.

J. K. AGYEMANG FOR THE APPELLANT.

E. S. AIDOO FOR THE RESPONDENTS.

[1982]DLSC2115
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													<main id="main" class="content" style="min-height: 60rem" >DARKO <o:p></o:p>vs. <o:p></o:p>BRAKO AND OTHERS <o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1982-83] GLR 345<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:
3 MARCH 1982<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">

J. K. AGYEMANG FOR THE APPELLANT. <o:p></o:p>

E. S. AIDOO 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">

ARCHER, ANIN, CHARLES CRABBE, ADADE AND
TAYLOR JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CHARLES CRABBE J.S.C.<o:p></o:p>Charles
Crabbe J.S.C. delivered the judgment of the court. The plaintiff-appellant
(hereinafter referred to as the appellant) claimed before the judicial
committee of the Kwahu Traditional Council (KTC) at Mpraeso:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a) a declaration that the members
of the Afari Boagyan-Ofosua Akubour House, Obo, Kwahu, constituted one of the
ruling houses of the Aduana-Amoakare clan of Obo, Kwahu, and were, therefore,
entitled and eligible under customary law to be nominated, elected and
installed as occupants of both the male stool and the queenmother’s stool of
Obo, Kwahu; and<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b) a consequential order that
they be made a party to the terms of a settlement reduced into writing and
dated 19 February 1973, made between the defendants-respondents representing their
respective houses concerning the right to occupy both the stool and the
queenmother’s stool of Obo, Kwahu.<o:p></o:p><o:p>&nbsp;</o:p>The KTC
decided in favour of the appellant. The defendants-respondents (hereinafter
referred to as the respondents) appealed against that ruling to the Eastern
Regional House of Chiefs. Their appeal was dismissed. They then appealed to the
National House of Chiefs. The National House of Chiefs allowed the appeal on
the grounds that the appellant’s family, “have not occupied the stool nor
contested for it nor sought their right to it... all these years . . .” From
that judgment, the appellants now appeal to this court. Leave to appeal was
granted by the full bench of the Court of Appeal on 13 February 1979.<o:p></o:p>Counsel
for the appellant submitted that the appellant’s ancestor, Nana Simpe, came
from Pinamanase, Ashanti. At the time of his migration he was the adehyeehene
of Pinamanase. He broke away from the Pinamanase stool family with his
adehyeehene’s stool. That was about some two hundred and fifty years ago. That
stool is still the senior male stool of Obo. When Nana Simpe left Pinamanase
his intention was to get to Akwamu. On the way to Akwamu he and his people
first stayed at Oboanim near Awenade in Kwahu. There they met a hunter called
Deedumi Bofour. But then Nana Simpe died. He was succeeded by Nana Afari
Boagyan. He also, and his followers, stayed at Ekyeso and Samansua. From there
they got to Opamboa-Nkwanta. Here Nana Afari Boagyan was able to unite the
chiefs of the Aduana clan. And that was how Nana Afari Boagyan became the first
chief of Obo. Their ancestress, the queenmother, Akoma Adam, died and was
succeeded by Ohemaa Ofosua Akubour.<o:p></o:p><o:p>&nbsp;</o:p>In 1824,
the respondents’ ancestress, Gyemfa Kyeade, and her brother Dei Ayerakwa passed
through Obo to Agogo from Duloman in search of a loan to pay a debt of £96 to
the “Oburuku” priest at Kwahu Tafo—a huge sum of money in those days. Nana
Afari Boaglyan paid £92 out of the £96 debt in order, perhaps, to induce them
to settle at Obo where Gyemfa Kyeade and his people finally settled.<o:p></o:p><o:p>&nbsp;</o:p>To
liquidate the balance of four pounds remaining out of the debt, it was decided
that Dei Ayerakwa, the brother of Gyemfa Kyeade, should serve the “Oburuku”
priest at Kwahu Tafo. In the meantime, Nana Boagyan had died. It was during the
reign of his successor—a female—that the male stool had to be loaned to Dei
Ayerakwa for want of a grown up man from her branch of the family to occupy the
stool. That, according to the appellants, is the genesis of the male stool
being in the possession of the respondents’ family. The stools of Obo have thus
for about 150 years remained with the respondents’ line. But the appellants
have never ignored the customary rites of their royal ancestors. These they
have continued to perform together with the respondents.<o:p></o:p><o:p>&nbsp;</o:p>