BARNES AND OTHERS v. WIRESI XIV

This case involves an appeal against a High Court decision that ruled in favor of a respondent who refused to comply with an order from the Ajumako Traditional Council. The order sought to place an injunction on Odoben Agona Royal Family stool property in the respondent's possession. The Court of Appeal dismissed the appeal, finding that the Traditional Council's order was legally invalid and unenforceable under Section 46(1) of the Chieftaincy Act, 1961. The court interpreted this section as only empowering Traditional Councils to make judgments or orders enforceable by seizure and sale, which did not apply to the interim order in question. Furthermore, the court held that even if the order were valid, the respondent had shown good and sufficient cause for non-compliance, as the persons designated to take inventory and custody of the stool properties were not present during the attempted execution. The case highlights the limitations of Traditional Councils' powers and the importance of proper legal basis for enforceable orders.