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SASU v. DIAWUO

1916

SUPREME COURT

GHANA

CORAM

  • HIS HONOUR SIR PHILIP CRAMPTON SMYLY, KNIGHT, CHIEF JUSTICE

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Evidence Law
  • Probate and Succession

AI Generated Summary

Following the death of Ohene Kwesi Eminakwa, five traditional leaders from Obo, Asakraka, Pitiko, and Obomeng sought legal control over the Obomeng stool against six defendants including former Omanhene Kwasi Diawuo II and Yao Mensah. They initially alleged wrongful removal of the stool to Abene and claimed damages, later amending the writ to assert custodial rights under Native Custom until Ohene Kwaku Warri could be installed. Chief Justice Crampton Smyly recounted the applicable customs governing stool custody and instoolment, noted community divisions between the Adaafua and Adaa families, and found no evidence of removal. He held that plaintiffs failed to prove any collective entitlement, and that Warri’s individual right would arise only upon instoolment. The court ordered a nonsuit, granting Warri liberty to bring a fresh action upon obtaining a statement under section 7 of the Chiefs Ordinance No. 4 of 1904.

JUDGMENT