Barnie and another v Manu

ADADE JSC.

This is an appeal from a decision of the National House of Chiefs dated 30 May 1991. The action was commenced in the Kumasi Traditional Council by an oath sworn by the 1st plaintiff for and on behalf of the 2nd plaintiff to the effect that:

“… by virtue of 2nd plaintiff’s marriage to the Asantehene, she is the legitimate Ananta Obaapanin, and therefore the Ananta Gyasehene cannot nominate a candidate to occupy the vacant Ananta stool without consulting her”.

The defendant countered this claim with the assertion that the “2nd plaintiff is just a stool wife to the Asantehene but not the Ananta Obaapanin.” The defendant further contended that the Ananta Obaapanin stool was vacant.

After hearing evidence the judicial committee of the Kumasi Traditional Council found in favour of the defendant, on the main ground that:

“The 2nd plaintiff has sworn a reckless oath and should be found liable since she knows that there had been a pending oath case on the Ananta Obaapanin issue at Manhyia but went forward to swear the oath.”

The tribunal said that the 2nd plaintiff “should have joined the oath suit at the palace as co-defendant to protect her interest. Not having joined the oath suit, the tribunal concluded that it was “improper for plaintiff to style herself as Ananta Obaapanin.” Judgment was therefore given against the plaintiffs in favour of the defendant. The plaintiffs appealed to the Ashanti Regional House of Chiefs, whereupon, by a further appeal to the National House of Chiefs restored the decision of the trial tribunal.

Throughout all this we have observed that none of the tribunals made adequate findings of fact in respect of the real mattes in issue. It is not advisable that we detail these in this ruling, having taken a decision that the case must go back. A detailed analysis of the issues thrown up and the nature of evidence required to establish these are bound to have prejudicial effect at the retrial.

One thing, however, is certain, namely that prior to the commencement of these proceedings, there had in fact been pending at the Manhyia palace another oath case on the same Obaapanin stool of Ananta. It would seem from the judgment of the Kumasi Traditional Council that the first oath case was the result of an oath sworn by Ananthenne Baffour Danquah (now deceased) against one Bedilko Kontor, occupant of Esaase Ebuom stool, for attempting to install the present defendant, Afua Manu of