GH - KANGAH v. KYEREH AND OTHERS

JUDGMENT OF ANSAH-TWUM J.

This is an application brought by Opanyin Kangah, the petitioner-applicant (hereinafter referred to as the applicant) pursuant to an order of the court given under Order 59, r. 21 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), on 15 June 1978, granting the applicant leave to apply for an order committing Kwesi Kyereh, the Sekondi Traditional Council and Victor Plange, the respondents herein for contempt of court.

The applicant has set out the grounds on which he has brought this application in the accompanying affidavit and I hereunder reproduce paragraphs 2, 3, 6, 7 and 8 of the accompanying affidavit which I consider to be relevant to the issues now before the court:

"2. That in 1972, I in my capacity as ebusuapanyin of Abrashieh Abradzi family of Sekondi for myself and as representing that family, filed a petition before the judicial committee of the Western Region House of Chiefs against the respondents asking for a declaration that the purported nomination, election and confinement of the third respondent by the first and second respondents was unconstitutional and against custom, and an injunction to restrain the first and second respondents from enstooling the third respondent.

3. The judicial committee of the Western Region House of Chiefs gave judgment in my favour. The appeal by the respondents was dismissed by the judicial committee of the National House of Chiefs and the full bench of the Court of Appeal.

6. Since the final judgment delivered on 14 June 1977, the respondents jointly and severally have been violating the provisions of the judgment in particular:

(a) The third respondent has been attending the meetings of the Sekondi Traditional Council and has been participating in the proceedings.

(b) The said third respondent has been causing gong-gong to be beaten in his name as the Omanhene of Sekondi Traditional Area.

[p.460]

(c) He has been attending public functions in his capacity as Omanhene of Sekondi Traditional Area which he is not. On 3 May 1978, the third respondent attended a function organised by the first and second respondents in honour of Major Cobbina. Not satisfied with being illegally there, he made a speech in his capacity as the Omanhene. That was reported on the Ghana Broadcasting Corporation Television as follows:

'The Omanhene of the Sekondi Traditional Area Nana Anaisie, explained that the traditional council decided to honour Major Cobbina for his untiring efforts

JUDGMENT OF ANSAH-TWUM J.

6. Since the final judgment delivered on 14 June 1977, the respondents jointly and severally have been violating the provisions of the judgment in particular:

(a) The third respondent has been attending the meetings of the Sekondi Traditional Council and has been participating in the proceedings.

(b) The said third respondent has been causing gong-gong to be beaten in his name as the Omanhene of Sekondi Traditional Area.

[p.460]

'The Omanhene of the Sekondi Traditional Area Nana Anaisie, explained that the traditional council decided to honour Major Cobbina for his untiring efforts

KANGAH v. KYEREH AND OTHERS

Areas of Law

JUDGMENT