Wuaku, J.A.: On or about 23 November 1984, Nana Antwi Krofah II (Omanhene of Adumadum) and Abusuapanin G.W. Bamfo as the plaintiffs took action against Nana Kofi Adu, Krontihene, and four others as defendants in suit No. 7/84 before the judicial committee of the Akim Kotoku Traditional Council. The plaintiffs' claim was for the return of the Adumadum stool and all its insignia to the plaintiffs’. The case was called on 14 December 1984 and the defendants wrote a letter asking for an adjournment and did not attend court. Judgment in default was given against the defendants on or about 18 December 1984, and they immediately applied to set the said judgment aside and for the case to be relisted for hearing on its merits.
The defendants' application was supported by an affidavit which contained ten paragraphs. Paragraph 8 (iv) of the affidavit states:
"Furthermore, the first plaintiff 's installation was invalid because he was not nominated by the queenmother, he was not elected by the king…