Customer Support

ABABIO
V.
AKWASI III

(1994) JELR 63537 (SC)

Supreme Court 15 Nov 1994 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court restored decision of the Kumasi Traditional Council, holding that the defendant is Aburasohene and not subservient to the Anyinase stool, and does not swear an oath of allegiance to the plaintiff but to the Asantehene. - Key

Case Details

Judges:FRANCOIS JSC, AMUA-SEKYI JSC, AIKINS JSC, HAYFRON-BENJAMIN JSC, AMPIAH JSC
Counsel:T TOTOE FOR THE APPELLANTS; W A N ADUMUA-BOSSMAN FOR THE RESPONDENT.
Other Citations:[1994 - 95] 2 GBR 774 – 783 S C

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 77,000 cases, recent judgments, statutes, and rules of court.