NANA BONSIE & OTHERS v. MR. AGYENIM BOATENG & OTHERS

BY COURT: JUDGMENT

The plaintiffs/appellants claim against the defendants/respondents jointly and severally for the following reliefs:

a. Declaration that, in compliance and conformity with the Akan custom, convention, tradition, cultural practices, (with much reference to the Konton Family of Wenchi), it is the plaintiff’s family that can lay in state the dead body of Nana Gyan Ampe Ankomah Daada II, (Ex-Kontonhene) of Wenchi Traditional Council known in private life as Nana Akwasi Adjei.

b. Declaration that, in compliance and conformity with the Akan customs, tradition, convention and practices, the 1st to 3rd defendants being children of the late Nana Gyan Ampem Ankoma Daada II (Ex-Kontonhene) cannot arrogate to themselves customary rights, responsibilities, etc. to lay in state the body of Nana Gyan Ampem Ankoma Daada II and also perform the burial and funeral rites of the late Nana Gyan Ampem Ankoma Daada II, (Ex-Kontonhene).

c. Declaration that, in compliance and conformity with the Akan customary practice, convention, tradition, etc, it is the general consensus of the plaintiffs (representing the deceased maternal family), the children of the deceased, and the paternal family of the deceased who acting together can fix the date for the burial and funeral of Nana Gyan Ampem Ankoma Daada II, (Ex-Kontonhene).

d. An order of perpetual injunction restraining all the defendants, their agents, servants, assigns, privies, etc and all those claiming through the defendants from releasing the dead body of the late Nana AKwasi Adjei to be laid in state and subsequently perform burial and funeral rites.

e. Further Orders.

f. An order of the Honourable court compelling the defendants to hand over to the plaintiffs the body of the late Nana Akwasi Adjei (Ex-Kontonhene).

In the 12 paragraph statement of claim, the plaintiffs aver that they are members of the Konton family of Wenchi whilst the 1st to 3rd defendants are children of the late Nana Akwasi Adjei. The plaintiffs aver further that the said Nana Akwasi Adjei who is a member of their family died on 28-4-2010. The plaintiffs continue that, Nana Akwasi Adjei was once the Kontonhene of Wenchi Traditional Council until he abdicated.

It is the case of the plaintiffs that, members of the Konton family of Wenchi are the people who can ascend to the Berekum Stool within the Wenchi Traditional Council. That by tradition and custom, any principal member of the Konton family also known as the Yefri Asada Royal