2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court, Cape Coast convicted the appellant for contempt for continuing to act as chief after being served notice of an appeal to the National House of Chiefs. Dissatisfied, the appellant appealed the decision. The proceedings involved issues of whether the respondent had the capacity and locus standi to initiate the contempt proceedings. The appellant argued that the respondent was not a party to the substantive suit and only held a limited power of attorney, which had lapsed. The Court of Appeal found that the trial judge erred in holding that the respondent had locus standi and capacity, setting aside the trial court's conviction and sentence. The Court stressed the distinction between 'capacity' and 'locus standi' and the need for a party to establish capacity if challenged.
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