REPUBLIC v. NII ADAMAH THOMPSON & OTHERS
2012
SUPREME COURT
GHANA
CORAM
- AKUFFO (MS) JSC (PRESIDING)
- ANSAH JSC
- ADINYIRA (MRS) JSC
- DOTSE JSC
- BONNIE JSC
Areas of Law
- Civil Procedure
- Evidence Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Justice J. V. M. Dotse, writing for a unanimous Supreme Court panel presided over by Ms. S. A. B. Akuffo, with Justices J. Ansah, S. O. A. Adinyira, and P. Baffoe-Bonnie concurring, considered an application filed on 2 September 2011 by Applicants in a pending appeal from contempt convictions arising from chieftaincy litigation over the Gbese Stool. The Applicants, represented by Nii Akwei Bruce Thompson, sought leave to add jurisdictional grounds challenging the initiation of proceedings before the Judicial Committee of the Greater Accra Regional House of Chiefs, leave to amend their statement of case, and leave to adduce fresh evidence comprised of newspaper reports, photographs, and a letter to the Minister of Chieftaincy Affairs. Respondents, represented by Mr. William Adumua-Bossman, did not oppose adding jurisdictional grounds. The Court granted leave to add grounds and amend the statement of case, but refused fresh evidence under rule 76 of C.I. 16, emphasizing due diligence, relevance, and finality.
DOTSE,J.S.C.
In their application, filed on the 2nd day of September 2011 the applicants herein seek the following reliefs:
i. Leave to file additional grounds of appeal,
ii. Leave for extension of time to file amended statement of case and
iii. Leave to adduce fresh evidence
BACKGROUND FACTS
The application herein has its genesis in an action which commenced in the Judicial Committee of the Greater Accra Regional House of Chiefs. In that action judgment was delivered on the 17th day of February 2003, in favour of the respondent herein which inter alia, ordered the Applicants herein to handover stool regalia of the Gbese Stool to the Respondents.
Following the failure and or refusal of the applicants herein to comply with the orders of the Judicial Committee of the Greater Accra Regional House of Chiefs to deliver the stool regalia, the respondent herein, took steps to have them committed for contempt of court.
The High Court, Accra presided over by Dzakpasu J accordingly convicted the Applicants herein of contempt. An appeal lodged by the Applicants against their conviction for contempt to the Court of Appeal was by a unanimous decision of the court dismissed on the 19th November 2009.
Aggrieved by the decision of the Court of Appeal, the Applicants on the 1st of December 2009 filed an appeal against the said decision.
The instant application should therefore be understood as one seeking to add the additional grounds of appeal to those already filed, seek leave for extension of time to amend the statement of case to reflect the additional grounds of appeal and leave to adduce fresh evidence.
We will now deal separately with each of the reliefs being applied for:
1. LEAVE TO FILE ADDITIONAL GROUNDS OF APPEAL
In arguing this application, learned Counsel for the Applicants, Nii Akwei Bruce Thompson stated that there is a jurisdictional issue which is germane to the substance of the suit being commenced before the Judicial Committee of the Greater Accra Regional House of Chiefs and not before the Judicial Committee of the Ga Traditional Council.
The two additional grounds of appeal that Applicants seek leave to add to the original grounds have been stated as follows:
(16) The whole judgment of the Judicial Committee of the Greater Accra Regional House of Chiefs sought to be enforced by contempt proceedings were a nullity and so absolutely unenforceable,
(17) The Greater Accra Regional House of Chiefs had no jurisdiction to hear the matter in