NANA GYAMFI KUMANIN II vs. OPANIN KWAKU ANIN [1998]DLSC6747

Date	1998-03-03
Suit No.	C.A. NO. 4/96
Citation No.	[1998]DLSC6747

EDWARD WIREDU J.S.C. (PRESIDING)

HAYFRON-BENJAMIN J.S.C.

KPEGAH J.S.C.

ACQUAH J.S.C.

ATUGUBA J.S.C

MR. BOAFO FOR THE APPELLANT.

RESPONDENT IN PERSON.

[1998]DLSC6747
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													<main id="main" class="content" style="min-height: 60rem" >NANA GYAMFI KUMANIN II<o:p></o:p>(PLAINTIFF/RESPONDENT/
APPELLANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>OPANIN KWAKU ANIN<o:p></o:p>(DEFENDANT/APPELLANT/
RESPONDENT/RESPONDENT)<o:p></o:p>[SUPREME
COURT, ACCRA]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">C.A.
NO. 4/96&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; &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; &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 3TH MARCH 1998<o:p></o:p>

</div>COUNSEL:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR. BOAFO FOR THE APPELLANT. <o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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EDWARD WIREDU J.S.C. (PRESIDING), HAYFRON-BENJAMIN
J.S.C., KPEGAH J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C<o:p></o:p>

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

</div>EDWARD
WIREDU, J.S.C.: <o:p></o:p>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. <o:p></o:p>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. <o:p></o:p>The
petitioner appellant in this case will hereafter be referred to simply as the
appellant.<o:p></o:p>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 exits
such a relationship and contends that the Asaago Odikro swears the oath of
allegiance to him as Taahyenhene to Otumfuo the Asantehene whilst the
Respondent by his counter-claim, claims that he is the Head of Family of Asaago
Stool. He joined issue with the appellant by an oath contending that the Asaago
Stool swears the oath of allegiance direct to the Golden Stool (Asantehene) and
that the Asaago Stool is not subservient to the Taahyenhene. <o:p></o:p>It
is of significance to note here that it is this issue which was determined
before the trial Chieftancy Tribunal in Kumasi in favour of the appellant. <o:p></o:p>The
proceedings show that both parties provided evidence traditionally as to how
their respective stools came from Denkyira to settle in Ashanti, evidence on
matters within living memory both oral and documentary. The appellant provided
evidence by himself and three other witnesses including the Obaapanin of
Asaago, the present Odikro himself and one Baffour Awuah Gyasehene of
Atwimahene. The appellant further tendered in evidence proceedings relating to
an action the Obaapanin and Asaago Odikro brought before the Kumasi Traditional
Council against him when he purported to remove the Odikro by oath. The
proceedings in this action show that the matter was settled and the result was
accepted by the parties. The appellant further tendered in evidence a letter
sent to him by the Respondent claiming a share of monies realised from the sale
of a portion of Asaago lands stating in that letter as follows among others
that "We are all your children and we all belong to you." <o:p></o:p>The
appellant provided evidence to show that Asaago lands were under his control
and that he had settled some Northerners on a portion of Asaago land. There was
evidence also that the Asaago Odikro swore before the Taahyenhene when the
latter was going to swear the oath of allegiance to the Asantehene (Exhibit A).
He further provided evidence to show that the Respondent reported to him in the
company of the Gyasehene of Atwimahene (PW1) with the thigh of a slaughtered
sheep the removal of Asaago Odikro as the latters overlord. The three witnesses
of the appellant supported his case substantially in almost all the material
facts especially in matters, of recent events within living memory relating to
the two stools. <o:p></o:p>The
Respondent provided traditional evidence as to how the Asaago people came to
settle in Ashanti from Denkyira and by three other witnesses. <o:p></o:p>Traditionally
the evidence led on behalf of the co-petitioner Respondent generally accord
with the experience in practise that a stranger to Ashanti must first go
through an Ashanti Paramount Stool before being introduced to the Asantehene to
get settled. To that extent only, the traditional evidence brought by the
Respondent as to how his ancestors came to Ashanti appears to be in accord with
customary practice but when that evidence however is weighed against recent
events as narrated by the appellant as supported by Asaago Obaapanin, the
Asaago Odikro himself, the contents of Exhibit B the letter written by
Respondent to the appellant such traditional evidence becomes of little
significance. It is also not devoid of the usual contradictions and
inconsistences associated with this kind of evidence. <o:p></o:p>The
contents of Exhibit A, C and D negate the c</main>