REPUBLIC v. AKIM ABUAKWA TRADITIONAL COUNCIL; EX PARTE ANTWI AND ANOTHER

JUDGMENT OF ABAKAH J.

By this application, the applicants want an order of this court to bring up to be quashed a decision of the Akim Abuakwa Traditional Council and/or the Kyebi Executive Council given on 8 April 1986 at Kibi in the suit entitled Opanin Kwasi Antwi and Lieutenant-Colonel (Rtd.) Isaac Osei Agyare v. Nana Kwakye Ababio II and Baffour Atta Yaw. The application is of course being opposed by the respondents.

The facts relied upon by the applicants in support of their application derive from the affidavit filed by them. They are stated thus: The royal Asona family of Kwabeng in the Akim Abuakwa Traditional Area is made up of three houses, namely Kokoben; Babaduam; and Akwanwenem. It has been the custom that the queenmother of Kwabeng is appointed from any of these three houses after the principal members of these houses and the chief of Kwabeng have entered into consultations. The first applicant who swore to the supporting affidavit on behalf of himself and on behalf of the second applicant claims to be the abusuapanin of Babaduam and the second applicant the abusuapanin of Kokoben. The third respondent, Baffour Atta Yaw, is the abusuapanin of the third house, Akwanwenem. In December 1985 the queenmother of Kwabeng died. This incident sparked off the strife which gave rise to this application. Another queenmother had to be installed. In disregard of the time-worn custom alluded to above, the second and third respondents on 17 March 1986 [p.759] in front of the palace of the second respondent before a public gathering proclaimed one Akua Broni the new queenmother of Kwabeng. Thereupon the applicants swore the great oath of Akim Abuakwa in registration of their taking exception to the conduct of the respondents and commenced proceedings in the Akim Abuakwa Traditional Council to challenge the proclamation of Akua Broni as the new queenmother of Kwabeng. The Akim Abuakwa Traditional Council, the first respondent, fixed the case for 8 April 1986 and notified the parties concerned accordingly. Before the hearing date the applicants amended their statement of claim by joining Akua Broni. The amending papers had not been served on the respondents who had not filed a statement of defence before the fixed date.

On 8 April 1986 the unexpected did happen. The matter before the first respondent was a chieftaincy matter and one would have expected it to be determined by a judicial committee appointed by the first respondent. Instead of the matter com