THE REPUBLIC v. NANA YAA BRAKU
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Constitutional Law
- Civil Procedure
- Evidence Law
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The Applicant sought to commit the Respondent for contempt of court for acting as the Queenmother of Asokore Traditional Area contrary to a Court of Appeal judgment. The Respondent opposed, claiming she lawfully became the Queenmother following the destoolment of Nana Fobiri Tiwaa II. The court dismissed the application, finding insufficient evidence to support the Applicant's claims. The court emphasized the principles of proving contempt beyond reasonable doubt, the requirement for personal service of orders, and the necessity to establish capacity to bring an action. The Applicant was ordered to pay costs to the Respondent.
In these proceedings, the Applicant, who described himself as the head of the Nsuase Agyabeng Ekuona Royal family of Asante Asokore in the Sekyere East District of the Ashanti Region, through his lawyer is seeking for an order of this Court committing the Respondent for contempt of Court.
In his affidavit in support filed on the 26th March, 2024, the Applicant, who alleged that he is the Head of the Nsuase Agyabeng Ekuona Royal Family of Asante Asokore, the family he further alleged, the late Nana Yaa Tiwaa II belongs, in the Sekyere East District of the Ashanti Regional of the Republic of Ghana. The Applicant further alleged that, he is also the Werempehene of Asokore Traditional Area and for that matter an elder and principal member of the said Traditional Area.
It is the case of the Applicant that, the judgment of the Court of Appeal, which has not been varied, overturned or disturbed in anyway by any recognized judicial process, and which is still valid and subsisting permanently demands obeisance from all interested persons including the Respondent that at all time, Nana Fobiri Tiwaa II has been the lawful Queenmother (Asokoremanhemaa) of the Asokore Traditional
Area.
According to the Applicant, inspite of the validity and binding effect of the judgment aforesaid on Respondent, she has, in open defiance of same, variously, knowingly and willfully acted and conducted herself as the Queenmother of the Asokore Traditional Area. He added that, in total disregard and disrespect to the
judgment of the Court of Appeal, Respondent caused her name to be entered into the National Register of Chiefs as Queenmother of Asokore, same of which appeared in the 13th July, 1990 issue of Local Government Bulletin, which has been attached as Exhibit FT2.
The Applicant deposed that, the Respondent has also had knowledge of the Judgment of the High Court and the Court of Appeal, though she attempted feigning ignorance of the Judgments until her own previous document exposed her. Applicant referred to exhibit FT 10 annexed to their affidavit in support.
The Applicant deposed further that, at all-time material, the Respondent has been aware of the reign of the late Nana Fobiri Tiwaa II. In that regard, the Applicant attached Exhibit FT11, which is a supplementary statement on the position of Asokore Traditional Council dated 8th December, 2017 indicating that Nana Fobiri Tiwaa II is the legitimate Queenmother of Asokore Traditional Area and their recognition of same.