LUTTERODT JA.: The Gyasewa stool of the Offinso Traditional Area became vacant following the death of Nana Owusu Agyepong some eleven years ago. Three persons including the applicant-respondent (hereinafter referred to as the respondent) laid adverse claims to it. They did so by oath and these were, as custom demanded, reported to the respondent-appellant, Nana Wiafe Akenten II, Omanhene of the Offinso Traditional Area and the president of the Offinso Traditional Council (hereinafter referred to as the applicant). In accordance with the Chieftaincy Act, 1971 (Act 370) he set up a chieftaincy tribunal to determine which of the three claimants owned the stool and was therefore entitled to nominate a candidate to fill the vacancy.
In the course of the proceedings, the respondent applied for the removal and replacement of the recording clerk on the grounds of bias. When his application was turned down, he appealed against the refusal and successfully obtained an order for a stay of the pro…