THE REPUBLIC vs. JUDICIAL COMMITTEE OF THE BRONG AHAFO REGIONAL HOUSE OF CHIEFS, SUNYANI AND OTHERS [2013]DLSC2739

THE REPUBLIC vs. JUDICIAL COMMITTEE OF THE BRONG AHAFO REGIONAL HOUSE OF CHIEFS,... [2013]DLSC2739

Date	2013-01-23
Suit No.	CIVIL APPEAL NO. J4/25/2012
Citation No.	[2013]DLSC2739

ATUGUBA JSC (PRESIDING)

ADINYIRA (MRS) JSC

OWUSU (MS) JSC

DOTSE JSC

BAFFOE-BONNIE JSC

E. Y. KUMI FOR THE APPELLANTS.

OTU-ESSEL FOR THE INTERESTED PARTIES.

[2013]DLSC2739
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>JUDICIAL COMMITTEE OF
THE BRONG AHAFO REGIONAL HOUSE OF CHIEFS, SUNYANI AND OTHERS<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO. J4/25/2012&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 23RD
JANUARY, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>E. Y. KUMI FOR THE APPELLANTS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OTU-ESSEL
FOR THE INTERESTED PARTIES.<o:p></o:p>

</div>CORAM: <o:p></o:p>ATUGUBA JSC
(PRESIDING), ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, BAFFOE-BONNIE &nbsp;JSC<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:150%;
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</div>DOTSE
JSC: <o:p></o:p>This is an appeal by the
Plaintiffs/Applicants/Appellants/Appellants hereinafter referred to as the
Appellants against the judgment of the Court of Appeal dated 24th
June 2011 whereby the Court of Appeal affirmed the judgment of the High court
which was in favour of the Defendants/Interested Parties/Respondents/Respondents,
hereinafter referred to as Respondents.<o:p></o:p>FACTS OF
THE CASE:<o:p></o:p>Since the genesis of this case emanated from the Judicial
Committee of the Brong Ahafo Regional House of Chiefs, it is important to set
out the facts in extenso.<o:p></o:p>The Omanhene of Kenyasi No. I died. After the
burial of the Omanhene, the task of finding a suitable candidate to succeed him
was entrusted to Nana Yaa Adutwumwaa, the (1st Respondent herein) in
her capacity as the Queen mother of Kenyasi No. 1 as demanded by custom and
tradition.<o:p></o:p>There was some competition for the successorship
to the vacant Omanhene stool of Kenyasi No.1. To this end, out of three
eligible candidates who expressed and or showed interest in the stool including
Nana Antwi Bosiako, the Akwasiase Abrantehene (4th Appellant)
herein, the Queenmother, 1st Respondent nominated one Osei Kofi
Abiri (5th Respondent herein) to succeed the late Omanhene of
Kenyasi No. 1 and subsequently handed him over to the Gyasehene to be introduced
to the elders of the Royal Family.<o:p></o:p>At a point when the Gyasehene was about to
introduce the 5th Interested Party to the elders of the Royal Family
as part of the installation process of the successor to the late Omanhene, the
4th Appellant, Nana Antwi Bosiako, invoked the Great oath of&nbsp; Otumfuo (Ntamkese) against the 1st
Respondent, Nana Adutwumwaa, the Queen mother to the effect that the stool in question
belongs to his grandfather Mensah Kumta and if she the 1st Respondent,
nominated someone who is not a descendant to his grandfather, then she had
violated the Great Oath of Otumfuo (Ntamkese). The other reason the 4th
Appellant invoked the Great Oath against the 1st Respondent was to
the effect that although they are from the same family, the 1st
Respondent is not a royal to the stool in question and therefore if she
nominates someone to occupy the Kenyasi No. I stool, she violates the Great
Oath of Otumfuo.<o:p></o:p>BEFORE
OTUMFUO AT MANHYIA<o:p></o:p>As is demanded by custom, the matters raised by
the swearing of the Great Oath have to be presided over by Otumfuo Osei Tutu II
and the Asanteman Council.<o:p></o:p>As a result, the Asanteman Council presided over
by the Otumfuo deliberated on this case on 22nd and 25th August
2005 respectively at the Manhyia Palace.<o:p></o:p>It must be noted that, at the hearing before
Otumfuo, the 4th Appellant herein was allowed to state his case.
Thereafter, the 1st Respondent was also made to state her case. The
Gyasehene of Kenyasi was also allowed to testify, as well as Kenyasi No. 2
Omanhene.<o:p></o:p>Thereafter, members of the Asanteman Council who
were present during the proceedings either made observations and or comments.
For example, the Bantamahene, Yamfohene, Mamponghene, Juabenghene, Oboguhene
etc, just to mention a few who all made comments.<o:p></o:p>As a matter of fact, the appeal record has
evidence to the effect that the 4th Appellant admitted invoking the
Great Oath of Otumfuo against the 1st Respondent.<o:p></o:p>