AIKINS JSC.
The cause of action resulting in this appeal arose through the swearing of the Great Oath of Ashanti by the plaintiff-respondent followed by a counter-swearing of the Great Oath by the defendant-appellant. The plaintiff swore that “he never forced defendant Nana Kwadwo Adane Ababio to swear an oath of allegiance to him but rather it was the laid down customary practice for the Aburasohene to swear an oath of allegiance to Anyinase stool.” To this the defendant “responded and averred that the plaintiff forced him to swear the oath of allegiance to the plaintiff and that his stool swears the oath of allegiance to the Golden Stool direct.” The agreed oaths as exchanged by the parties were recorded and read to the trial tribunal before evidence was adduced.
The trial tribunal, the judicial committee of the Kumasi Traditional Council, dismissed the claim of the plaintiff and gave judgment for the defendant. This judgment was confirmed by the judicial committee of the Ashanti Regi…