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Crime & Punishment of Friday, 13 February 2015

Source: GNA

Supreme Court rules in favour of Bedomasi Bretuo Clan

The Supreme Court on Thursday ruled in favour of the respondents (Bedomasi Bretuo Clan) in the Yonso Chieftaincy case between Bedomasi Bretuo Clan and Asona Clan.

The ruling was as a result of a review application filed by the Asona Clan on an earlier judgment on the case.

The review application, which was brought before the court in May 2014, was for the court to review the decision on the case, indicating that the decision was biased and that there were fundamental and basic errors of law.

The court, delivering judgment, held that there were no exceptional circumstances to warrant a review, saying by a majority decision of the panel the application for a review had been dismissed.

The court also awarded a cost of GH¢5,000.00 against the applicants.

The Yonso Chieftaincy case between Bedomasi Bretuo Clan and Asona Clan started in February 1997.

After the death of Baffour Kofi Kwarteng III, who reigned from January 1945 to August 1996, his nephew, Francis Yaw Adusei, from the Royal Bedomasi Brentuo Clan was validly nominated, enstooled and installed.

His installation as Yosohene was, however, challenged by Nana Yeboah-Kodie Asare II from the Yonso Asona Clan, who filed a writ at the Judicial Committee of Mampong Traditional Council claiming Adusei was appointed Yosohene by a letter from Nana Adu Gyamfi Brobbey III, Jamasihene.

The Judicial Committee of Mampong Traditional Council dismissed all his claims and delivered judgment in favour of the Bedomasi Bretuo Clan on 16 February 1999.

Dissatisfied with the judgment, Nana Yeboah-Kodie Asare II appealed to the Judicial Committee of the Ashanti Regional House of Chiefs, which allowed the appeal and set aside the decision and findings of the Mampong Traditional Council on 22nd December, 1999.

Aggrieved by the decision of the Ashanti Regional House of Chiefs, the Bedomasi Bretuo Clan also appealed to the Judicial Committee of the National House of Chiefs, which dismissed the appeal on 21 June 2006, prompting the Bedomasi Bretuo Clan to again appeal to the Supreme Court.

By a majority decision of the Supreme Court the appeal was allowed and judgment of the Judicial Committee of the Mampong Traditional Council restored in favour of Yonso Bedomasi Bretuo Clan with Francis Yaw Adusei as Yosohene.