ABABIO AND OTHERS V. KARIKARI AND ANOTHER

JUDGEMENT

Ampiah JSC.

This is an appeal from the decision of the National House of Chiefs, Kumasi given on 18 June 1998. For ease of reference, since both parties are appellants before this court, I would refer to them in this my judgment simply as the plaintiffs and the defendants.

On or about 18 December 1986 the plaintiffs by an oath, “Wukuda and Kwanyako” of the people of the Akyem Abuakwa Traditional Area, initiated chieftaincy proceedings at the judicial committee of the Akyem Abuakwa Traditional Council. By that oath they claimed that:

“(1) . . . the nomination, election and installation of the third defendant as the queenmother of Kwabeng is null and void as being against custom.

(2) . . . the first and second defendants herein purporting to nominate, elect and install the third defendant as the queenmother without the consent, concurrence and parti cipation of the plaintiffs and their respective families have acted uncustomarily and as such the said nomination, election and insta…