REPUBLIC v. MOFFAT AND OTHERS; EX PARTE ALLOTEY

In the High Court of Ghana, Justice Abban adjudicated an application for attachment for contempt arising from a chieftaincy dispute within the Sempe stool family of Accra. Acting Mankralo S. P. Allotey was asked to act as Sempe Manche pending enstoolment. The family split into rival factions supporting Charles D. A. L. Pappoe and James Allotey, respectively. After mediation efforts by the Chief Executive for Greater Accra and members of the Ga Traditional Council, Allotey obtained leave and moved for prohibition to restrain the respondents from outdooring James Allotey until a proper body resolved the dispute. Although three respondents were served on 23 April 1971 with a return date of 6 May 1971, they proceeded on 24 April to outdoor James Allotey; the fourth respondent, Codjoe, was served later. The respondents argued lack of a stay, late service, misrepresentation, irregularity, waiver, and lack of jurisdiction under N.L.C.D. 84. The court rejected these, held contempt based on interference with pending proceedings, accepted Moffat’s apology, fined the others, and awarded costs.