KWAGYANE AND OTHERS V. AGYEI AND OTHERS

AMPIAH J.A.

On 30 July 1992 we dismissed the appeal by the defendants and affirmed the decision of the High Court, Koforidua. I now proceed to give reasons for our judgment.

On 2 February 1990 the High Court, Koforidua gave judgment for the plaintiffs in their action before the court. Reasons for that judgment were given on 8 March 1990. In that action the first plaintiff, as head of the Animwaa Donkor family of the Asona clan of Mpraeso, Kwahu, and the second plaintiff, as the customary successor to the late Ohemaa Abena Mirekua of the same family, claimed against the first defendant, Nana Kwame Kissi III (substituted later by Nana Wiafe Kwagyane I), the Ohene of Mpraeso and the second defendant, the queenmother of Mpraeso:

“(1) A declaration that the judgment purported to have been delivered by the tribunal of the Benkumhene of Kwahu on 28 October 1931 in a suit entitled Ohemaa Abena Mirekua [Plaintiff] v. Ohene- Kofi Ampadu [Defendant] was and is a nullity having been procured in cir…