OBRASIW A II and Others v OTU and Another

Acquah JSC delivered the judgment of the court. Sometime in the 1980s a questionnaire was sent round by the chieftaincy secretariat to all stools demanding the particulars of their royals. The questionnaire on the Edumfa stool was filled by Nana Yaw Otu, the first defendant-respondent (hereinafter referred to as the defendants).

The petitioners, the plaintiff-appellants (hereinafter referred to as the plaintiffs) contending that they are the rightful owners of that stool but were not so indicated in the answers in the questionnaire, issued the instant petition at the judicial committee of the Abura Traditional Council, claiming against the defendants:

"(a) A declaration that members of the plaintiffs' Ekua Opuni's section of the royal Abordze family of Edumfa are entitled to occupy the odikro stool of Abura Edumfa.

(b) A declaration that it is wrongful for the defendants to purport to supply answers to questionnaire from the chieftaincy secretariat in such a manner as to create the impression that the plaintiffs' Ekua Opuni section of the Abordze family has no right to the odikro stool of Abura Edumfa.

(c) An order compelling the defendants, their agents, servants, assigns, and successors in title to comply with the directions of the Nana Ankran's committee set up by the Abura Traditional Council.

(d) An order quashing the answers supplied by the defendants in the questionnaire provided by the Chieftaincy Secretariat.

(e) An order of perpetual injunction restraining the defend-ants, their agents, servant, relations, assigns from in any way purporting to trample on the plaintiff's Ekua Opuni section of the royal Abordze family's right to mount the odikro stool of Edumfa."

Before the issuing of this petition, the plaintiffs had lodged a complaint with the Abura Traditional Council on the questionnaire filled by the defendants. The council set a mediation committee which did not pronounce on the rights of the parties but offered amicable settlement.

At the judicial committee of the Abura Traditional Council, the case presented by the plaintiffs was that their Ekua Opuni Aboradze family of Edumfa, migrated from Takyiman to Mankessim, thence to Ansafona and further down to Akwakuma. At Akwakuma the then chief of that village, Nana Akwa, directed them to settle by an odum tree near by. They went and settled there and named that place "Edumfa." They alleged that the elders of their Eku