Supreme Court dismisses appeal

Accra (Greater Accra) 29 March ?99

The Supreme Court on Monday dismissed an appeal filed by the Aduana Royal Family of Sekyedumasi in Ashanti against the decision of one-time Kumasi Divisional Council (KDC), which in 1946 declared the Oyoko Royal Family as real occupants of the traditional stool in the town. The five-member panel whose decision was unanimous, upheld a plea raised by the respondent that the subject matter of the case had already been properly adjudged by a court of competent jurisdiction.

The court, presided over by Mr Justice E.K.Wiredu, awarded three million cedis against the appellants. Other members of the court were Mr Justice F.Y. Kpegah, Mr Justice E.D.K. Adjebeng, Mr Justice G.K. Acquah and Ms Justice Sophia Akuffo.

The Aduana Family took the matter to the Supreme Court after it had appealed to the former Ashanti Confederacy Council (ACC), the Acting Chief Commissioner of Ashanti in 1947, and the National House of Chiefs in 1992 and lost on both occasions. The Supreme Court in its judgement upheld submissions by counsel for the Oyoko Family that there was enough evidence on record that the matter before it had already been heard and decided upon in accordance with native law and custom by competent legal bodies and that the appeal should fail.

Mr Asare Bediako, a Kumasi-based lawyer, represented the Oyoko Family while Paapa Dadson was attorney for the Aduana Family.