BARNES AND OTHERS v. WIRESI XIV

Justice Sowah, delivering the Court of Appeal’s judgment, affirmed the Cape Coast High Court’s refusal to treat the respondent's non-compliance as contempt after an attempt to execute an Ajumako Traditional Council injunction concerning Odoben Agona Royal Family stool property. The council’s written order directed named functionaries—Nana Kweku Mensah, Nana Ofosu Boafo, Nana Adow II of Owani, and chief-linguist Nana Kobina Ninsin—to take an inventory and hand items to Kwesie Baidoo, with police assistance. The chief bailiff arrived with police, read the order but had no copy to serve. The respondent refused, citing an interlocutory appeal to the Central Region House of Chiefs and the absence of the named personnel. Interpreting the Chieftaincy Act, 1961 (Act 81), the court held section 46(1) contemplates enforcement by seizure and sale, not interim orders of this type, and noted section 55’s specific regime for stool property. Even if valid, the execution’s deviation from the order’s terms gave good cause for refusal. The appeal was dismissed.