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OBAAPANIN AMMA SAMANPA V. KWAME AMPOFO

(2003) JELR 68316 (SC)

Supreme Court  •  CIVIL APPEAL NO. 2/98  •  19 Nov 2003  •  Ghana

Coram
MRS. BAMFORD-ADDO J.S.C. (PRESIDING), KPEGAH J.S.C., ATUGUBA J.S.C., MRS. WOOD J.S.C., DR. TWUM J.S.C.

Judgement

JUDGMENT

MRS. BAMFORD-ADDO, J.S.C.

Sometime in 1944 a dispute arose about which of two rival candidates should occupy the vacant stool as the successor Krontihene namely the Aduana Clan family of the Plaintiff/Appellant/Respondent represented by Kwame Hemang on one hand and the Asona Clan family of the Defendant/Respondent/Appellant represented by F.B. Amoah a.k.a Abrokwa 'Gyampim on the other hand. Since the rival candidates were both presented to the Omanhene Nana Frimpong Manso II and is Stool Elders the same day, the Aduana family led by Obaapanin Afua Donkor petitioned the District Commissioner at Akim Oda. The petition resulted in the Provincal, Commissioner setting up under section 25 of the Native Authority (colony) Ordinance 1944 (No. 21 of 1944) an Enquiry constituted under Section 23 of the same Ordinance. After due statutory Enquiry in 1947 the Akim Kotoku State Council gave its decision in favour of the Defendant Asona candidate F.B. Amoah a.k.a. Abrokwa Gyampim on 25th Jul…

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