THE REPUBLIC VS ALHAJI ALHASSAN & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Civil Procedure
- Alternative dispute resolution
- Administrative Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case arose from a March 2016 judgment by the JCSTC, which ruled in favor of the Plaintiff's claim to the Twafo Stool of Sampa. The Respondents ignored this ruling and purportedly enstooled the 4th Respondent as the Twafohene. The Applicant, acting as the customary successor, filed a contempt application against the Respondents. The court found that the Applicant had proved beyond a reasonable doubt that the Respondents were liable for contempt. During mitigation, the Respondents' ages and the current town unrest were emphasized, leading the court to impose fines instead of imprisonment.
INTRODUCTION
The proceedings and judgment of the Judicial Committee of the Sampa Traditional Council (JCSTC) dated 22nd March, 2016 triggered this contempt application.
The Court will maintain the designations given to the parties and inconsistencies among others as they appear in the proceedings of the JCSTC.
The Plaintiff, head of family of Kanawolo clan of Sampa and on behalf of his said stool commenced an action before the JCSTC in Suit No. 1 STC/JC/ entitled; MALAM MORO TOURE – PETITIONER vs. ALHAJI ALHASSAN, SEIDU MUSA, SIAKA MUSA AND ZAKARIA MUSA.
He sought the following reliefs against the Respondents per his statement of claim; a. Declaration that the Kanawolo family is sole custodian of the Twafo Stool of Sampa.
b. Declaration that the Respondent (sic) and his so called Nyagoya are not entitled to ascent to the Twafo Stool of Sampa.
c. An order to restrain the Respondent (sic), his agents, assigns, successors in title from dealing with the Twafo Stool of Sampa in any manner and to pave way for Alhaji Berma Adama to be introduced to the Chiefs and Elders of Sampa Traditional Council.
The Respondents were served with the statement of claim of the Plaintiff.
They filed conditional appearance and stated that the Sampa Traditional Council (STC) heard and determined the case involving the Twafo Stool of Sampa.
The Plaintiff conducted a search, which showed that neither the JCSTC nor the STC dealt with such a case.
The Respondents did not file statement of defence neither did they pay the sitting allowance of the Committee members who sat on the case as requested by the committee.
After making reference to applicable laws, which clothes the committee with jurisdiction to hear the matter notwithstanding the Respondents’ refusal to participate in the matter, the committee heard the Plaintiff on his claims. Alhaji Awudu Ali testified on behalf of the Plaintiff who according to the proceedings was old and had hearing impairment, without power of attorney.
He stated that the abusuapanin summoned a general meeting with all the ten (10) clans at Jeminiline in Sampa and told them that he asked Alhaji Vea to raise funds to perform the funeral rite of the late Twafohene, and after the funeral celebration, Alhaji Vea would be enstooled as the new Twafohene in accordance with Muslim custom.
All the ten (10) clans and some invited personalities including the Regional chief Imam from Sunyani, Ivory Coast and some members of the Sampa Traditional Council