GH - NANA OKAE KWAKYE II VS MERCY ABANYI & ORS

Per the instant Application the 2nd Defendant/Applicant is seeking an order staying proceedings in this matter pending the decision of the Judicial Committee of the Akuapem Traditional Council, Suit No. ATC JC 2/2020 entitled: Nana Okai Kwakye II & 2 Others v Nana Abbey Kwaku I, Kwaku Bismark Mfarfo and Appiah Ayensu.

The nucleus of the Application is captured by the Affidavit in Support of the Application.

Per the Affidavit in Support the Applicant stated as follows:

“I GEORGE AKROFI, of Adusah in the Greater Accra Region of the Republic of Ghana make oath and say as follows;

1. That I am 2nd Defendant/Deponent/Applicant herein.

2. That at the hearing of this matter lawyer for the Applicant will seek leave of the Honourable Court to refer to all documents filed in this matter.

3. That the Plaintiff herein claims to be the Chief of Adusah, and I am aware that there is a petition; SUIT NO. ATC JC.2/2020 BEFORE THE JUDICIAL COMMITTEE OF THE AKUAPEM TRADITIONAL COUNCIL which is still pending.

4. That the Plaintiff’s capacity to institute this present action is under serious dispute evidenced by the petition he brought in SUIT NO. ATC JC.2/2020 BEFORE THE JUDICIAL COMMITTEE OF THE AKUAPEM TRADITIONAL COUNCIL. Attached as Exhibit “SOF1” copy of processes filed at the Akuapem Traditional Council.

5. That I am informed by my lawyer and belief same to be true that this Honourable Court has the discretionary power to stay this action to achieve speedy and effective justice, to avoid delays and unnecessary expense and ensure as far as possible that all matters in dispute between parties may be completely and finally determined and to avoid multiplicity of proceedings.

6. That I am further informed by my lawyer and verily belief same to be true that the capacity to sue is a fundamental issue which must be determined before the merits are gone into.

7. That the Plaintiff’s capacity as chief is being challenged in this present action and also before the Judicial Committee of the Akuapem Traditional Council, and since that it is a matter affecting chieftaincy then this Honourable Court can exercise its discretion to stay this action pending the determination of Plaintiff’s status as a Chief.

8. That the petition before the Akuapem Traditional Council Judicial Committee to the fundamental issue of the Plaintiff’s capacity and the jurisdiction of this Honourable Court to hear the matter before it.

9. That in the circumstances we humbly pray that the H