OPANIN KWAME KYEREME & ANOTHER v. ASAMOAH ADJEI
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A
- A. M. DOMAKYAAREH (MRS), J.A
Areas of Law
- Civil Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a petition challenging the nomination and enstoolment of the Respondent as the Chief of Chiraa. The High Court initially dismissed the contempt application against the Respondent, finding the Judicial Committee's injunction void due to lack of jurisdiction. On appeal, the court found that the Respondent did breach the interim injunction by styling himself as the Chiraahene, thereby committing contempt of court. The appeal was allowed, but the Respondent was only cautioned and discharged, with strict instructions to respect the authority of the court and the laws governing the chieftaincy dispute.
A. M. DOMAKYAAREH (MRS), J.A.
1. This suit is about an application to commit the Respondent to prison for “his willful/deliberate and conscious attempt to scandalize and expose the administration of justice to public ridicule and a conduct that is prejudicial to the outcome of the case pending before the Regional House of Chiefs titled: OPANIN KWAME KYEREMEH (SUBSTITUTED KOFI DEI) OPANIN ASANTE VRS NANA ADWOA KUSIWAA, ASAMOAH ADJEI AND OTHERS”. In other words, this is a contempt of court proceeding which is now on appeal before this court.
2. The incidents that led to this appeal are as follows:
The applicants in this case are the Abusuapanin and Kingmakers or Head of Family and principal members of the Owusu Kwadwo immediate family within the Chiraa Aduana Royal family. They, as Petitioners, filed a Petition against the Respondents at the Judicial Committee of the Brong Ahafo Regional House of Chiefs. The Petition was in respect of a dispute on the nomination, election and enstoolment of the next Chiraahene following the abdication of Chiraahene Barima Akrotwi Saniam II in or about February/March 1996. The undisputed facts are that the Chiraa Royal Family comprises two houses namely the Owusu Kwadwo Family and the Akubefian Family and that the abdicated Chiraahene Barima Akrotwi Saniam II was from the Akubefiam Royal House as well as his immediate predecessor, Nana Afari Mintah; that the last Chiraahene to come from the Owusu Kwadwo Royal House was Nana Kwabena Anini who abdicated his position in 1948; that the present Queenmother of Chiraa is from the Akubefian Royal House.
3. The petitioners in their petition averred that per the custom of the Dormaa Traditional Area, whenever the stool becomes vacant, any eligible member of the two Royal Houses which constitute the Chiraa Royal Stool may present Customary drinks to the Queenmother who in consultation with the Principal Elders of the wider Royal Family, nominate the candidate for consideration by the Kingmakers of Chiraa for election and installation. The petitioners averred that following the abdication of Barima Akrotwi Saniam II they presented customary drinks to the Queenmother for a member of the Owusu Kwadwo Royal Family, Oppong Yaw, also known as J.L. Appiah to be given the Stool. The Petitioners stated that the Queenmother failed or refused to present the drinks to the kingmakers as required by custom but rather surprisingly nominated and presented Asamoah Adjei, her grandson from the sam