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BARNIE AND ANOTHER
V.
MANU

(1994) JELR 66132 (SC)

Supreme Court 25 Jan 1994 Ghana
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- This case involves a dispute over the Ananta Obaapanin stool in the Kumasi Traditional Council. - The 2nd plaintiff claims to be the legitimate Ananta Obaapanin due to her marriage to the Asantehene. - The defendant argues that the 2nd pl

Case Details

Judges:ADADE JSC, ABBAN JSC, AMUA-SEKYI JSC, WIREDU JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JSC, AMPIAH JSC
Counsel:T TOTOE FOR THE APPELLANT; DR SETH TWUM FOR THE RESPONDENT.
Other Citations:[1994 - 95] 2 GBR 933 – 936 SC

ADADE JSC.

This is an appeal from a decision of the National House of Chiefs dated 30 May 1991. The action was commenced in the Kumasi Traditional Council by an oath sworn by the 1st plaintiff for and on behalf of the 2nd plaintiff to the effect that:

“... by virtue of 2nd plaintiff’s marriage to the Asantehene, she is the legitimate Ananta Obaapanin, and therefore the Ananta Gyasehene cannot nominate a candidate to occupy the vacant Ananta stool without consulting her”.

The defendant countered this claim with the assertion that “the 2nd plaintiff is just a stool wife to the Asantehene but not the Ananta Obaapanin.” The defendant further contended that the Ananta Obaapanin stool was vacant.

After hearing evidence the judicial committee of the Kumasi Traditional Council found in favour of the defendant, on the main ground that:

“The 2nd plaintiff has sworn a reckless oath and should be found liable since she knows that there had been a pending oath case on the Ananta Obaapanin issue at Manh…

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