JUDGMENT OF SOWAH J.A.
Sowah J.A. delivered the judgment of the court. After hearing arguments of counsel, we dismissed the appeal and reserved our reasons; we now proceed to give those reasons.
Though the events leading to the attachment proceedings being pursued against the respondent had been set down with sufficient clarity in the ruling appealed from, it is necessary to state some short facts for the proper appreciation of our reasons. On 24 November 1969, the chief bailiff of the Cape Coast High Court, in the company of policemen and a messenger of the court, endeavoured to execute an order of injunction decreed by the Ajumako Traditional Council upon the respondent at his residence at Odoben. The said order is short and may with profit, be reproduced in extenso, it reads:
“ORDER OF THE COUNCIL
Upon the motion and affidavit filed by the plaintiffs seeking for an order of injunction to be placed on Odoben Agona Royal Family stool property now in possession of the defendant in the suit herein, the Ajumako Traditional Council granted the injunction to be placed on the said royal stool properties.
The council further ordered that an inventory of the stool properties attached to the stool of Odoben should be taken and handed over to Kwesie Baidoo the son of late Kwesie Andam, deceased of Odoben to keep them.
The secretary, Nana Kweku Mensah, Nana Ofosu Boafo and Nana Adow II, Odikro of Owani together with chief-linguist, Nana Kobina Ninsin to go to Odoben on Thursday to take the inventory.
Assistant Superintendent of Police, Saltpond would be contacted for his assistance in dispatching this order of the council.
(Sgd.) Nana Kwamina Hammah Ababio President Ajumako Traditional Council."
The respondent alleged that the order was read over to him but when he asked for a copy, the chief bailiff declined, saying that there was no copy available for service upon him. Thereupon he refused to hand over to the bailiff the Odoben Agona royal family stool properties in his possession. His other reasons for refusal were, firstly, that he had lodged an interlocutory appeal against the order to the Central Region House of Chiefs, the appellate court, in that traditional area, and the appellate court had instructed the Ajumako Traditional Council to suspend its [p.100] order and refrain from carrying it out; secondly, the order read over to him differed in a material particular from the oral order made in council; thirdly, the persons named in the order who we