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approval and cooperation of the other family elders. And it is on this<br />
solitary procedural requirement that Asante makes the following<br />
signifieanteomment~~1'heenterprising-headoHamilythereforedoes notrely<br />
on an ingenious construction of a document but on a skilful<br />
manipulation of the family council for the purpose of enhancing his<br />
powers' (Ibidem: 92-93).<br />
In this respect it is of great importance that a head of family (or a<br />
land custodian) who, at regular times, will participate in a discussion of<br />
family affairs in the family council, does not owe a duty to keep accounts<br />
of the property he manages and can never be compelled to give any<br />
information on the state of affairs. This has led Mensah Sarbah to say that<br />
in case of misappropriation the only remedy which the family has is the<br />
removal of the Ebusua Panyin and his replacement by someone else (Sarbah<br />
1897: 90).16<br />
It is not surprising, therefore, that courts of justice can do little or<br />
nothing to support claims which families make against their head. In Akan<br />
customary law all these matters are categorized as eiisemi, meaning<br />
'household matters', and these fall outside the jurisdiction ofthe Chief's<br />
court which can only take cognizance of them if a claimant should invoke<br />
the Great Oath ofthe Chief (see Chapter V).<br />
104
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