REPUBLIC v. TEMA DISTRICT MAGISTRATE GRADE I; EX PARTE AKOTIAH

On 6 April 1978, Nene Akrofi Kubi III filed an ex parte information under section 22 of the Criminal Procedure Code, 1960 (Act 30), in the District Court Grade I at Tema, presided by Nana Assibey-Yeboah. He had nominated, elected, and installed Nene Kabu Akuaku III as Ada Mantse, while the respondents were preparing to take the first respondent to the Kuenya purification shrine to install him as a rival chief, despite pending proceedings before the Eastern Region House of Chiefs at Dodowa. The magistrate granted the application and ordered the applicants to appear to show cause and execute bonds to refrain from installing a new chief. The applicants sought certiorari and prohibition. Justice Agyepong held that the affidavit showed no intention by the applicants to engage in violence and that peaceful acts cannot be restrained because opponents may cause disturbance, relying on Beatty v. Gillbanks and Beatty v. Glenister. Applying the Fynhout principle on findings unsupported by evidence, the High Court quashed the magistrate’s order, prohibited continuation, and made no order as to costs.