BOAMPONG v. ABOAGYE AND OTHERS

JUDGMENT OF ANIN J.S.C.

Anin J.S.C. delivered the judgment of the court. Both parties to the suit are members of the Royal Asona stool of Konongo; the first plaintiff being the abusuapanin; the second plaintiff, the Obaapanin; and the third plaintiff, the linguist; while the defendant was at all material times the Konongohene. In the course of the protracted litigation through three subordinate tribunals, substitutions were made for the original first and third plaintiffs.

During 1970, a dispute arose between the parties. The plaintiffs' complaint against the defendant was that he had installed a chief without their consent and given him an umbrella which belonged to the family. After an abortive attempt at settling their differences internally, they submitted the dispute to the Juabenhemaa, the customary overlord of Konongo, for an arbitration. The award went against the defendant and he was ordered to apologise to his family; refund the "aseda" (or thank-offering money) of ¢6.10 paid by the successful complainants; and also to reimburse them for the cost of a sheep, assessed at ¢10.70, which they slaughtered on account of his unlawful swearing of the customary oath.

The defendant refunded the "aseda" but asked for time to settle the bill for the sheep. On the adjourned date, however, he changed his mind; requested to be given back the aseda and refused to pay for the sheep. This sudden volte-face on the defendant's part triggered off a constitutional crisis, the exact nature of which was to be resolved in this suit. By their claim, the plaintiffs swore the oath Kwadutwum and claimed "that Nana Kwadwo Boampong— Konongohene—defendant, had destooled himself in public by removing his own sandals and as Konongo stool is not useless complainants have accepted his voluntary destoolment."

In evidence, the plaintiffs recounted that as soon as the defendant refused to comply with the Juabenhemaa's arbitral awards, he declared in a fit of anger that he was being pestered by the family, and that he was fed up. He thereupon "pulled off his sandals which indicated he had destooled himself or abdicated from the stool." The first plaintiff then stood up and swore the oath of Kwadutwum that "as Konongohene has destooled himself, I have taken the stool, being the abusuapanin." According to him, the necessary customary formalities of sheep slaughtering and notification of Konongo stool elders were duly performed.

[p.931]

The defendant's answer in a nutshell was tha