OBRASIW A II and Others v OTU and Another
June 11, 1997
SUPREME COURT
GHANA
CORAM
- AMPIAH
- KPEGAH
- ADJABENG
- ACQUAH
- A TUGUBA JJSC
Areas of Law
- Civil Procedure
- Evidence Law
- Probate and Succession
AI Generated Summary
Following a Chieftaincy Secretariat questionnaire in the 1980s, Nana Yaw Otus answers for the Edumfa stool prompted the Ekua Opuni section of the royal Abordze family to petition the Judicial Committee of the Abura Traditional Council, seeking declarations of entitlement to the odikro stool, orders to quash the questionnaire answers, and related relief. The plaintiffs asserted their ancestors founded Edumfa and that defendants occupants were mere regents due to plaintiffs lack of male candidates and female ineligibility, while defendants claimed they founded Edumfa, brought the stool from Takyiman through Mankessim to Abura Gyabankrom and Mosodze, produced early Gazette notices, and pledged the stool to Abeadze Dominase. The committee conducted extensive site visits, found no Mensakrom, credited defendants lineage and pledge, and concluded defendants own the stool and their elders are accredited chiefs. Appeals to the Central Regional and National Houses of Chiefs were dismissed, and the Supreme Court declined to disturb these concurrent findings, dismissing the further appeal.