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BOAMPONG v. ABOAGYE AND OTHERS

November 30, 1981

SUPREME COURT

GHANA

CORAM

  • APALOO C.J.
  • SOWAH
  • ARCHER
  • ANIN
  • TAYLOR JJ.S.C

Areas of Law

  • Constitutional Law
  • Civil Procedure
  • Alternative dispute resolution

AI Generated Summary

Anin J.S.C., writing for a unanimous Supreme Court, resolved a chieftaincy dispute from Konongo involving the Royal Asona family and Konongohene Nana Kwadwo Boampong. After the defendant installed a chief without family consent, the parties took their dispute to the Juabenhemaa for arbitration; the award required apology, refund of aseda, and reimbursement for a sheep. Tensions escalated when the defendant refused to pay for the sheep; plaintiffs claimed he abdicated by removing his sandals, and the abusuapanin swore the Kwadutwum oath and slaughtered a sheep. Konongo elders protested via Exhibit A that they had not been notified and insisted abdication must be accepted and perfected by the kingmakers. Lower tribunals destooled the defendant, and their decisions were affirmed on appeal. The Supreme Court accepted the finding that the defendant removed his sandals, but held the transaction did not meet customary laws four conditions of abdicationvoluntary renunciation, acceptance by elders/kingmakers, performance of rites, and publicitybecause Konongo elders neither consented nor performed rites, the abusuapanins acceptance was incompetent, the Juabenhemaa could not accept without prior consent, and the event likely was not public. The Court allowed the appeal, dismissed the claim, and awarded costs to the defendant.

JUDGMENT