2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The applicant sought an interlocutory injunction to prevent the Interested Party from acting as Omanhene of Wassa Traditional Area pending an appeal. The court denied the application, citing the principles of res judicata, equity, and the prima facie rights of the Interested Party affirmed by a previous judgment of the Western Regional House of Chiefs.
ATUGUBA, J.S.C.
The applicant moves this court for:
“an order of interlocutory injunction restraining the Interested Party/Respondent/Respondent herein from holding himself out in any manner whatsoever whether by himself, his servants, agents, privies whomsoever or otherwise howsoever, to be the Omanhene of Wassa Fiasse Traditional Area, and/ or a member of the Western Region House of Chiefs, and/or a member of the National House of Chiefs, pending the hearing and determination of the said Applicant’s appeal …”
The brief facts of this matter are that the applicant was destooled in 2002 as the Omanhene of Wassa Traditional Area consequent upon his committal to prison for contempt of court and the Interested Party was enstooled to replace him.
The applicant was also sued in the Western Regional House of Chiefs for inter alia, declaration and injuction that he was no longer the Omanhene of Wassa Fiase Traditional Area and should cease from posing as such Omanhene. The applicant did not file any defence and did not partake in the proceedings despite opportunity extended to him to do so. Accordingly, the plaintiffs led evidence upon which the reliefs claimed were granted against him.
Undaunted, the applicant applied to the High Court, Kumasi, unsuccessfully for mandamus directed at the National House of Chiefs to remove the said Interested Party’s name from the Register of Chiefs and insert his name therein. His appeal to the Court of Appeal was dismissed, affirming the trial judge’s ruling that the matter was a cause or matter affecting chieftaincy over which the ordinary courts have no jurisdiction.
He has appealed to this court and pending the determination of the same now applies for an injunction against the Interested Party in the terms aforementioned.
The Judgment of the Western Regional House of Chiefs against the applicant aforementioned is dated 11/6/2010 and the applicant has attached it as exhibited OAK4 to his affidavit in support of this application and is relied on by both parties. The said judgment was not appealed against by the applicant and is therefore valid and subsisting.
It is trite law that a judgement of even the lowest court of competent jurisdiction is binding on the parties and can be pleaded as res judicata in all courts, see Otu v. Owuodzi (1987-88) 1 GLR 196 S.C. This means the said judgment against the applicant herein is at least, prima facie, against his claim. In Luganda v. Service Hotels Ltd (1969) 2 All ER 692 C.A. i