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EBUSUAPANYIN KWABENA AFOAKWA & ANOR VS JOSEPH NKUAH MENSAH & ANOR

2024

COURT OF APPEAL

GHANA

CORAM

  • SOPHIA ROSETTA BERNASKO ESSAH (MRS) JA (PRESIDING)
  • NOVISI ARYENE (MRS) JA
  • JENNIFER ABENA DADZIE (MRS) JA

Areas of Law

  • Civil Procedure
  • Criminal Law and Procedure

AI Generated Summary

The Court of Appeal, per Novisi Aryene JA, set aside a High Court conviction and sentence for contempt arising from a chieftaincy dispute over the Nkotumso-Nkasawura stool. Ebusuapanyin Kwabena Afoakwa and Madam Ekua Nsowa had initially succeeded before the Denkyira Traditional Council; the appellant then prevailed on appeal before the Central Regional House of Chiefs, after which the respondent appealed to the National House of Chiefs and served notice. Relying on section 34 of the Chieftaincy Act (Act 759), the respondent sought committal in the High Court, Cape Coast, which convicted and fined the appellant. On appeal, the Court of Appeal emphasized the distinction between capacity and locus standi, finding the respondent neither party nor authorized attorney in the contempt proceedings and lacking any justiciable interest. Because capacity was not proven, the appellate court refused to consider the merits and quashed the conviction and sentence, with Justices Bernasko Essah and Dadzie concurring.

JUDGMENT