ABABIO
V.
AKWASI III

(1994) JELR 63537 (SC)    
Supreme Court  ·  15 Nov 1994 ·  Ghana
 · 
Other Citations
[1994 - 95] 2 GBR 774 – 783 S C
CORAM
FRANCOIS JSC, AMUA-SEKYI JSC, AIKINS JSC, HAYFRON-BENJAMIN JSC, AMPIAH JSC
Core Terms Beta
defendant
oath of allegiance
plaintiff
exhibit
trial tribunal
defendant-appellant
anyinase stool
golden stool
judicial committee of the national house of chiefs
nana aboagye ii
customary practice
plaintiff-respondent
chiefs of kumasi
findings of the lower tribunals
judicial committee of the kumasi traditional council
nana kojo adanee
sufficient evidence
akwamuhene of the anyinsase stool
appellate regional tribunal
asantehene nana prempeh ii
behest of nana aboagye ii
cause of action
claim of the plaintiff
clear evidence
copy of the said letter reference
counter-swearing of the great oath
defendant nana kwadwo adane ababio
defendant’s predecessor opanyin aboagye ii
duty of a plaintiff
first anyinasehene
first chief of aburaso
following findings of fact
general public
judgment of the regional house
judicial committee of the ashanti regional house of chiefs
list of chiefs
main issues
member of the kumasi traditional council
nana akyeampong akwasi ii
nana anyinasehene
nananom’s view
opanin aboagye
otumfuo osei agyeman prempeh
plaintiff opanyin aboagye
reign of the defendant
result of his elevation nana adanee
status of an obrempong
status of obrempong of asantehene
swearing of the great oath of ashanti
view of the judicial committee of the national house

AIKINS JSC.

The cause of action resulting in this appeal arose through the swearing of the Great Oath of Ashanti by the plaintiff-respondent followed by a counter-swearing of the Great Oath by the defendant-appellant. The plaintiff swore that “he never forced defendant Nana Kwadwo Adane Ababio to swear an oath of allegiance to him but rather it was the laid down customary practice for the Aburasohene to swear an oath of allegiance to Anyinase stool.” To this the defendant “responded and averred that the plaintiff forced him to swear the oath of allegiance to the plaintiff and that his stool swears the oath of allegiance to the Golden Stool direct.” The agreed oaths as exchanged by the parties were recorded and read to the trial tribunal before evidence was adduced.

The trial tribunal, the judicial committee of the Kumasi Traditional Council, dismissed the claim of the plaintiff and gave judgment for the defendant. This judgment was confirmed by the judicial committee of the Ashanti Regi…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login