IN RE YENDI SKIN AFFAIRS; YAKUBU II v. ABUDULAI

JUDGMENT OF ADADE J.S.C.

Adade J.S.C. delivered the ruling of the court. Civil motion No. 9/85 is an application by Na Yakubu II, the appellant herein, for an order that execution of the judgment of the Court of Appeal (see In re Yendi Skin Affairs; Abudulai v. Yakubu II [1984-86] 2 G.L.R. 189, C.A.) be stayed pending appeal. It is brought under rule 20 of the Supreme Court Rules, 1970 (C.I. 13). Civil Motion No. 13/86 is an application by Mahamadu Abudulai, the respondent in the appeal, asking this court to restrain, by injunction, Na Yakubu II, the appellant:

"from putting himself forward as Ya-Na in any name whatsoever and in particular that the said Na Yakubu II shall:

(1) forthwith vacate from, and cease to reside at, the Ya-Na's palace at Yendi;

(2) refrain from appointing and/or installing any chief or Gbon Lana in Dagbon; and

(3) not make any assurance whatsoever and howsoever of any land in Dagbon vested in the Ya-Na."

As can be seen, the two motions are inextricably intertwined: Motion No. 9/85 is asking that the enforcement of the orders of the Court of Appeal be suspended while No. 13/86 is, contrariwise, requesting that the said orders be substantially enforced against the appellant, by restraining him from exercising and enjoying some important chiefly powers and privileges inherent in his office as Ya-Na. In the event the two motions were taken together and argued together. In this ruling, in order to avoid confusion, unless otherwise indicated, Na Yakubu II will be referred to throughout as the applicant, and Mahamadu Abudulai as the respondent, notwithstanding the particular application being commented upon.

From about 1974 up to the commencement of proceedings in the Court of Appeal in July 1984, Na Yakubu II was and had been the acknowledged chief of Yendi. The Yendi Skin Affairs Decree, 1974 (N.R.C.D. 299) promulgated on 5 November 1974 had given recognition to his status, and had made it an offence for anyone, including specifically Mahamadu Abudulai, the respondent herein, from disputing his status.

In July 1984 pursuant to leave granted by the Yendi Skin Affairs (Appeal) Law, 1984 (P.N.D.C.L. 86), to "any person aggrieved by the findings of the [Ollennu Committee of Inquiry into the Yendi Skin [p.234] Affairs]" the respondent appealed to the Court of Appeal. The Court of Appeal in its judgment: In re Yendi Skin Affairs; Abudulai v. Yakubu II (supra) made certain findings which it incorporated into "orders" as follows: