2024
COURT OF APPEAL
GHANA
CORAM
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.
NOVISI ARYENE JA:
By a judgment dated 10th January 2023, the High Court, Cape Coast convicted Appellant herein for contempt and sentenced him to a fine of 700 penalty units. Dissatisfied and aggrieved, he filed the instant appeal on 13th January 2023, praying for an order to set aside the judgment including the conviction and sentence.
BACKGROUND
Events culminating in the instant appeal are that, Ebusuapanyin Kwabena Afoakwa and Madam Ekua Nsowa (hereinafter referred to as plaintiffs) commenced an action against the appellant herein before the Judicial Committee of the Denkyira Traditional Council, for the annulment of his nomination, election, and enstoolment as chief of Nkotumso-Nkasawura, and also to restrain him from acting or holding himself out as chief. Respondent herein prosecuted the matter before the Judicial Committee of the Denkyira Traditional Council by power of attorney donated by the 2nd plaintiff. On 8th April 2021, the Judicial Committee gave its decision in favour of the plaintiffs and gave its reasons on 22nd of April 2021.
Aggrieved, appellant herein filed an appeal before the Judicial Committee of the Central Regional House of Chiefs on 22nd of April 2021. A Ruling was delivered in his favour on 17th February 2022, which reversed the decision of the Judicial Committee of the Denkyira Traditional Council. Aggrieved, respondent lodged an appeal against the decision to the National House of Chiefs. According to respondent herein, notice of the appeal lodged at the National House of Chiefs was served on Appellant on 1st March 2022, and notwithstanding knowledge of the pendency of the appeal, appellant continued holding himself out as chief of Nkotumso Nkasawura. And that since per section 34 of the Chieftaincy Act, notice of appeal operates as stay of execution, acts done in contravention thereof are contemptuous.
Opposing the application for committal, appellant contended that respondent was not a party to the substantive suit filed before the Judicial Committee of the Denkyira Traditional Council. And that he only held power of attorney for 2nd plaintiff at the hearing. Neither was he a party in the appeal that went before the Judicial Committee of the Central Regional House of Chiefs, the decision of which was the subject of the appeal before the National House of Chiefs.
Counsel submitted further that even though respondent had knowledge of the pendency of the appeal filed at the Judicial Council of the Central Regional House of