AMMA MANSA vs. NANA YAA ADUTWUMWAA [2011]DLCA3061

Date	2011-06-24
Suit No.	HI/26/11
Citation No.	[2011]DLCA3061

JUSTICE MARIAMA OWUSU JA [PRESIDING]

JUSTICE FRANCIS G KORBIEH JA

JUSTICE IRENE C DANQUAH JA

[2011]DLCA3061
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >AMMA MANSA<o:p></o:p>vs.<o:p></o:p>NANA YAA ADUTWUMWAA<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p>HI/26/11&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
24th June, 2011<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">COUNSEL:<o:p></o:p>

</div>CORAM:<o:p></o:p>JUSTICE
MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C
DANQUAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>IRENE C DANQUAH JA<o:p></o:p>This
is an interlocutory appeal emanating from the ruling of the High Court dated 16
September 2010.&nbsp; On 11th
September 2008, the Judicial Committee of the Brong Ahafo Regional House of
Chiefs (Judicial Committee) ruled on a Motion on Notice filed by the Interested
Parties for the dismissal of the petition filed by the Appellants on the
grounds of estoppel per rem judicatam.&nbsp; The Judicial Committee after hearing the
application dismissed the petition as having been brought in bad faith and
awarded of cost of Gh1,000.00 against the Appellants.<o:p></o:p>For
a better appreciation of this appeal, it is pertinent to give the genesis of
this case.<o:p></o:p>The
Omanhene of Kenyasi No.1 died.&nbsp; After the
burial, the task to find someone to succeed him was entrusted to Nana Yaa
Adutwumwaa (1st Interested Party), the Queen mother of Kenyasi No.1
as demands by custom.&nbsp; Out of three
royals including Nana Antwi Bosiako&nbsp; the Akwasiase
Abrantehene (4th Appellant) who approached her and expressed
interest in the stool, the Queen mother nominated Osei Kofi Abiri (5th Interested
Party) to be the successor and handed him over to the Gyasehene to be
introduced to the elders of the royal family.&nbsp;
<o:p></o:p>When
the Gyasehene was about to introduce the 5th Interested Party to the
elders, the 4th Appellant invoked the Great Oath of Otumfuo (Ntamkese)
against the 1st Interested Party to the effect that the stool in
question belongs to his grandfather Mensah Kuntia and if she nominates someone
who is not a descendant to his grandfather she violates the Great Oath of
Otumfuo (Ntamkese).&nbsp; His other reason for
invoking the Great Oath against the 1st Interested Party was to the
effect that although they are from the same family, the 1st
Interested Party is not a royal to the stool in question and therefore if she
nominates someone to occupy the stool, she violates the Great Oath of Otumfuo.<o:p></o:p>On
22nd August 2005, the Asanteman Council presided over by Otumfuo
Osei Tutu&nbsp; II Asantehene, sat on the
matter at Manhyia Palace, to go into the “Kenyasi No.1 Stool Affairs.”&nbsp; At the end of the hearing it was unanimously
agreed by the Asanteman Council that the 4th Appellant had invoked a
reckless Oath.&nbsp; The Asantehene
unequivocally confirmed the 1st Interested Party as the Queen mother
of Kenyasi No.1and therefore has the prerogative of nominating a successor to
the stool of Kenyasi No.1 as is the custom.&nbsp;
The Otumfuo pronounced further that so far as the elders and the
Abusuapanin have approved of the nominee of the Queen mother, then it means
that there is no reason why that person cannot occupy the stool thus endorsing
the nomination of the 5th Interested Party by the 1st
Interested Party as proper.&nbsp; <o:p></o:p>The
4th Appellant and another, one Opanin Senkyere were pronounced guilty
for invoking a reckless oath against the Queen mother and the stool elders and
were asked to slaughter one sheep each to signify their acceptance of the
decision of the Asanteman Council.&nbsp; The 4th
Appellant and Opanin Senkyere accordingly slaughtered the sheep and offered two
bottles of schnapps.&nbsp; The 4th
Appellant further asked the Chief of Kenyasi No.2 to render an apology on his
behalf to Otumfuo and the Asanteman Council for invoking the Great Oath
recklessly.&nbsp; They also offered “Debim” to
the Queen mother and the elders.<o:p></o:p>Matters
however did not end there.&nbsp; On 26th
August 2005, the Appellants filed a petition at the Judicial Committee of the
Brong Ahafo Regional House of Chiefs against the 1st Interested
Party and 4 others including Osei Kofi Abiri (5th Interested Party)
claiming the following reliefs:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
“A declaration that by custom,
convention, usages and practices at Kenyasi No.1, it is the 2nd
petitioner who is to be nominated, elected and or enstooled as the Omanhene of
Kenyasi No.1 Traditional Area.<o:p></o:p>