GH - REPUBLIC v. BEKOE AND OTHERS; EX PARTE ADJEI

JUDGMENT OF OSEI-HWERE J.

On 21 October 1980, the judicial committee of the Central Regional House of Chiefs granted an interim injunction restraining the respondents herein from interfering in any way with [p.93] some ten cocoa farms and house No.C/2, Nana Quarters, Agona Nyakrom. The committee further appointed the registrar of the regional house of chiefs as manager-receiver of the said farms with whom the respondents had to go into account, at the latest, by mid-November 1980. It has not been denied that after the said order of the judicial committee, the registrar summoned some of the parties and their respective counsel to his office and it was then agreed that the registrar would visit the parties at Agona Nyakrom on 7 November 1980 for the respondents to hand over to him the ten farms and the house.

The applicant has disclosed in his affidavit that the registrar did come to Agona Nyakrom and met the parties but the respondents wilfully refused to go with the registrar to the said farms and they also wilfully failed to account to him in respect of the proceeds from the said ten cocoa farms. He also complains that the respondents have failed to account to him in respect of the proceeds from the said ten cocoa farms. He also complains that the respondents have failed to hand over to him as ordered by the judicial committee the said house No.C/2, Nana Quarters, Agona Nyakrom and that the seventh respondent, Kofi Dadzie, occupies the said house in wilful disregard of the order of the judicial committee.

In answer to the applicant's affidavit, the sixth respondent has sworn to an affidavit on behalf of himself and the other respondents as follows:

"3. That the registrar of the Central Regional House of Chiefs came to Agona Nyakrom on 7 November 1980. He arrived there about 3 p.m.

4. On his arrival I was called to the office of the Omanhene. Present were Yaw Bekoe, Appiah Manso, Seimebi and myself, Kojo Kuma, the registrar and the applicant. The second, third, fourth and seventh respondents were not present.

5. The registrar then read to us the ruling of the house and told us of his mission. He then asked the whereabouts of those who were working on the farms.

6. The registrar was informed that all the workers were at their respective villages. He then decided that he would come the following week and we should notify the workers to meet him the following week.

7. That the registrar then informed us that the house's vehicle was off the road

JUDGMENT OF OSEI-HWERE J.

In answer to the applicant's affidavit, the sixth respondent has sworn to an affidavit on behalf of himself and the other respondents as follows:

"3. That the registrar of the Central Regional House of Chiefs came to Agona Nyakrom on 7 November 1980. He arrived there about 3 p.m.

5. The registrar then read to us the ruling of the house and told us of his mission. He then asked the whereabouts of those who were working on the farms.

7. That the registrar then informed us that the house's vehicle was off the road

REPUBLIC v. BEKOE AND OTHERS; EX PARTE ADJEI

Areas of Law

JUDGEMENT