ALHAJI IBRAHIM NAABA KULGA I & ANOR vs MOHAMMED AMINU UMAR OUEDRAOGO II

Introduction

1. This is a ruling on an application on notice brought by the Defendant/Applicant(hereinafter referred to as “the Defendant”) for an order of this court to set aside the writof summons and statement of claim of the Plaintiffs/Respondents (hereinafter “thePlaintiffs”) on the grounds that the current action by the Plaintiffs constitute a cause ormatter affecting chieftaincy which this court lacks jurisdiction to entertain.

Background

1. The Plaintiffs per their writ of summons issued from the Registry of this Court on the 16 April, 2025 claimed against the Defendant the following reliefs:

i.) A declaration that the 1st Plaintiff is the duly selected, appointed, installed and substantive Chief of the Moshie Community in the Awutu Traditional Area, and duly recognized as such by the Omanhene of the Awutu Traditional Area.

ii.) A declaration that the installation of the Defendant as the Chief of the Moshie Community in the Awutu Traditional Area whilst there is a substantive Chief will be or/and is a breach of custom, null and void and of no effect.

iii.) An order of perpetual injunction barring the installation of the Defendant as the Chief of the Moshie Community in the Awutu Traditionial Area until he is duly selected and appointed as such.

iv.) An order for perpetual injunction against the Defendant, restraining him from holding himself out as the Chief of the Moshie Community in the Awutu Traditional Area until he is duly selected and appointed as such.

v.) Costs, including solicitor’s fees and other costs occasioned by this instant suit.

vi.) Any other reliefs that the Honourable Court may deem just and fit.

1. Filed together with the writ of summons and statement of claim was a motion ex parte praying this court for an order of interim injunction barring the installation of the Defendant as the Chief of the Moshie Community in the Awutu Traditional Area with a return date of 17 April, 2025. At the hearing of the ex parte application on the return date, this court granted a limited interim injunction of ten (10) days against the installation of the Defendant as the Chief of the Moshie Community in the Awutu Traditional Area, with a direction to the Plaintiffs to come on notice to the Defendant upon the expiration of the ten (10) days.

2. The Defendant entered conditional appearance through his lawyers and has brought the instant application praying this court to set aside the writ of summons and statement of claim on the