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General News of Monday, 26 July 1999

Source: GNA

Supreme Court dismisses appeal

Kumasi, July 25, GNA - The Supreme Court, at its sitting in Accra on July 21, upheld a ruling of the National House of Chiefs that Mr Anthony Kwaku Opoku is a royal of the Krobo Stool and eligible to occupy it.

The Court thus dismissed an appeal filed by Madam Akua Nyamekye of Kumasi, against the ruling.

The court was presided over by Mr Justice C. Hayfron-Benjamin and constituted by Mr Justice E. D. K. Adjabeng, Mr Justice K. A. Atuguba, Miss Justice S. A. B. Akuffo, and Mr Justice A. K. B. Ampiah.

It awarded two million cedis cost in favour of Mr Opoku alias De Porres, the defendant.

Madam Akua Nyamekye in 1992 acting on behalf of Obaapanin Ama Serwaah of Krobo in the Kwabre District of Ashanti swore the Great Oath that Mr Opoku was not a royal of Krobo and, therefore, not eligible for the stool.

She filed a suit before the Judicial Committee of the Kumasi Traditional Council under the Chairmanship of Nana Osei Kwame, Atipinhene, which ruled in favour of the defendant.

Madam Nyamekye filed a notice of Appeal at the Judicial Committee of the Ashanti Regional House of Chiefs on October one, 1992 and the committee chaired by Nana Otuo Sireboe II, Juabenhene allowed the appeal and set aside the ruling of the Kumasi Traditional Council.

Mr Opoku appealed to the Judicial Committee of the National House of Chiefs, chaired by Odeefuo Boa Amponsem, Denkyirahene and the verdict was over-turned.

Madam Nyamekye on the grounds that the National House of Chiefs misconceived their function as a second appellate tribunal and erred in law in allowing the appeal, sent the case to the Supreme Court, which ruled in favour of Mr Opoku.