Koforidua, Jan. 24, GNA- The Judicial Committee of the Eastern Regional House of Chiefs has upheld an appeal by the Asona Royal Family of Suhyen near Koforidua, in a dispute with the Ekuona Family. In a judgment delivered at its sitting at Koforidua on Tuesday, the three-member panel under the chairmanship of the Konor of Yilo Krobo, Nene Narh Dawutey Ologo IV, the Committee said it saw "merit in the appeal" but reserved its reasons to be given later.

On January 7, 2003, the Asona Royal Family, led by its Abusuapanin Opanin Kwabena Agyei, supported by Nana Oko Yaw Akyeampong and Madam Akosua Agyeiwaa, appealed against the decision of the New Juaben Traditional Council.

By a majority of 2-1, the Council ruled that the "trial tribunal erred by failing to take into proper consideration, Asante customary practices in determining ownership of a stool."

The Plaintiffs Asona Royal Family, on October 9, 1995, filed a writ at the Judicial Tribunal against the Ekuona Family citing Opanin Kwadwo Wiredu, Abusuapanin and Obaapanin Abena Obenewaa, Caretaker of the Suhyen Asona Stool as defendants in a 24-item Statement of Claim. Among other things, the plaintiffs claimed to be members of the Asona Royal Family whose ancestor, Amofa Deatuo's family was among the migrants from Juaben Ashanti who settled at Suhyen.

The statement said during the reign of Nana Kwaku Boateng the First, Omanhene of New Juaben, he created stool for Nana Amofa Deatuo as Odikro of Suhyen who later became the first Ohene of the town.

It said in the course of time, the Asona family allowed certain persons other than those from the Asona family to ascend the stool as "caretakers", adding that "the defendant Ekuona family, have had two of her members as caretakers of the stool.

The statement said after the destoolment of Nana Frempong Manso by the Oman for deserting the stool for 15 years, Obaapanin Obenewaa nominated one Mr Kwame Baafi as her candidate to the stool, which Plaintiffs rejected on the grounds that by her position, she had no "recognized authority" on the genealogy of the Asona family to do so.

" Because the said Mr Baafi is a paternal descendant of the late Nana Kwaku Frempong and therefore ineligible to ascend to the Asona stool according to Akan custom", the statement added.

The plaintiffs sought a declaration that defendants had no legal and customary right to nominate a candidate to the Asona stool of Suhyen in their own right as Obaapanin and Abusuapanin without prior consultation and consent of plaintiffs.

In their judgment, the majority of the Tribunal made up of Nana Boadi Asiedu II and Nana Mpampama Oware II, noted that "if one sleeps on ones rights for a long time, he loses it".

It held that "the subsequent installation of a queenmother by the Ekuona family and further allowing the nomination of the nephew of Nana Frempong Manso to ascend the stool in 1974, after a long time also confirms the stool for the defendants."

The majority, however, said " a stool shown to the committee by the defendants as the black stool of Frimpong Manso I is not acceptable as a black stool,".

On the other hand the minority view of Nana Owusu Akyeaw, held that "the Odikro Stool of Suhyen, which was elevated to the status of Mponuahene of New Juaben belongs to the Asona Family, who are the plaintiffs and not the Ekuona family, the defendants."