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OBRASIWA II & ORS
V.
OTU & ANOR

(1997) JELR 82738 (SC)

Supreme Court 11 Jun 1997 Ghana
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Case Details

Judges:AMPIAH, KPEGAH, ADJABENG, ACQUAH AND ATUGUBA JJSC
Counsel:Barton Oduro (with him Amissah Koomson) for the plaintiff- appellants. ED Kom for the defendant-respondents
Other Citations:[1997-98] 1 GLR 858 - 866

Acquah JSC delivered the judgment of the court: Sometime in the 1980s a questionnaire was sent round by the chieftaincy secretariat to all stools demanding the particulars of their royals. The questionnaire on the Edumfa stool was filled by Nana Yaw Otu, the first defendant-respondent (hereinafter referred to as the defendants).

The petitioners, the plaintiff-appellants (hereinafter referred to as the plaintiffs) contending that they are the rightful owners of that stool but were not so indicated in the answers in the question­naire, issued the instant petition at the judicial committee of the Abura Traditional Council, claiming against the defendants:

"(a) A declaration that members of the plaintiffs' Ekua Opuni's section of the royal Aboradze family of Edumfa are entitled to occupy the odikro stool of Abura Edumfa.

(b) A declaration that it is wrongful for the defendants to purport to supply answers to questionnaire from the chieftaincy secretariat in such a manner as to create the imp…

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