NII KPAKPO AMAATE II v. DANIEL SACKEY QUARCOOPONE & ORS
2018
HIGH COURT
GHANA
CORAM
- JUSTICE KWEKU T. ACKAAH- BOAFO
Areas of Law
- Civil Procedure
- Customary Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute over who has the right to organize the burial and funeral rites of the late Mankralo of Obom. The Plaintiff sought an interlocutory injunction to stop the Defendants, whom he claimed were not honoring customary law, from proceeding with the funeral arrangements. The court examined relevant laws and precedents and determined that the body's disposition lies with the customary family and not solely with the Plaintiff. Consequently, the court refused the injunction but ordered that the Defendants, the deceased's family, and the Chief of Obom collaborate to perform the funeral rites. The decision was made to avoid causing financial and logistical hardship to the involved parties and to maintain peace and customs. No costs were imposed due to the potential impact on the unity and harmony among the people of Obom.
RULING
i. Introduction:
[1] The Plaintiff issued a writ on the 15th day of November, 2018 at the registry of this court for the reliefs set out here below:-
i. A declaration that it is the Occupant of the Obom Stool who ought to preside over the funeral rites of the Mankralo, Nii Ebenezer Yemo Odoi;
ii. A declaration that the activities of the Defendants in trying to organize the burial and funeral rites of the late Mankralo of Obom is contrary to the customary law practices, customs and traditions of the Obom people of the Sempe Paramountcy;
iii. A declaration that the Naa Okaikar and Naa Okailey family is not known at Obom and neither does it have any role to lay in the burial and funeral rites of the late Mankralo of Obom;
iv. An order of the court directed at the Defendants to hand over all documents covering the deposit of the body of the late Mankralo of Obom to the Plaintiff to enable him take the body and organize the burial and final funeral rites of the said Mankralo of Obom.
v. Perpetual injunction restraining the Defendants, their assigns, agents, privies, workers and servants or whomsoever from taking taking the body of the late Mankralo of Obom, Nii Ebenezer Yemo Odoi from the T. Cribb and sons Funeral Home at Nsawam and a further order restraining them from organizing the burial and/or funeral rites of the said late Mankralo of Obom.
vi. Any further order or orders as the Honourable Court may deem fit.
vii. Costs
[2] The Plaintiff filed the instant application for an order of Interlocutory Injunction to restrain the Defendants together with the Writ of Summons sealed with reliefs above. Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order[1].
[3] Informed by the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant whom I refer to simply as the Applicant by the application filed is praying for:
“an order for interlocutory injunction restraining the Defendants whether by themselves, their assigns, agents, privies, workers and servants or whomsoever from taking the body of the late Mankralo of Obom, Nii Ebe