THE REPUBLIC vs KEVIN ANANE ADDO & ANOR
May 22, 2025
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN,HIGH COURT JUDGE
Areas of Law
- Civil Procedure
- Administrative Law
May 22, 2025
HIGH COURT
GHANA
CORAM
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The background to this ruling is that on 10th January, 2024, the Plaintiffs issued a writ to initiate chieftaincy proceedings before the Judicial Committee of the Dormaa Traditional Council (JCDTC) for the following reliefs;
a. Adeclaration that the purported nomination, election, and installation of the 12th Defendant (Kelvin Nana Addo) as the chief of Abesim and Kyidomhene of Dormaa Traditional Area by the other Respondents herein on the 29th and 31st December 2023 is/was against the customary practices and usage of the people of Abesim and Dormaa and therefore unlawful and must be declared as null and void and of no customary and legal effect.
b. Adeclaration that it is the prerogative and joint responsibility / function of the kingmakers of Abesim Traditional Area to nominate a suitable candidate for selection and installment as the chief of Abesim and Kyidomhene of Dormaa Traditional Area/Council and that any purported nomination by the paramount chief of Dormaa Traditional Council and the Abakomahene (1st Defendant) is null and void.
c. An order of the honourable Judicial Committee to compel the Defendants, (the kingmakers) to ensure that the proper customary procedure for the nomination election and installation of the chief of Abesim and Kyidomhene of Dormaa Traditional Area is complied with.
d. An order of the honourable Judicial Committee restraining the 1st to 11th Defendants herein their agents, servants, supporters, assigns etc. from in anyway recognizing and or holding out the 12th Defendant as the chief of Abesim and Kyidomhene of Dormaa Traditional Area/Council.
e. An order of the honourable Judicial Committee restraining the 12th Defendant from in anyway styling himself or holding himself as the chief of Abesim and Kyidomhene of Dormaa Traditional Area.
On the same date, 10th January, 2024, the Applicants filed Motion on Notice for Interlocutory Injunction before the Judicial Committee of the Dormaa Traditional Council, praying the JCDTC for an order of interlocutory injunction to restrain the 1st to 11th Defendants / Respondents, their agents, servants, assigns or any person acting on the consent and in concurrence with the 1st to 11th Respondents from in any way recognizing and or holding out the 12th Respondent (Kelvin Anane Addo) who has been so nominated, by the kingmakers unlawfully, from in any manner styling himself and performing the duties and functions as chief of Abesim and Kyidomhene of Dormaa Traditi
AI Generated Summary
In this Ghana High Court ruling, Her Ladyship Justice Joyce Boahen determined an application for committal for contempt arising from ongoing chieftaincy proceedings before the Judicial Committee of the Dormaa Traditional Council. Nana Saara Adjei and two others challenged the nomination, election and installation of Kelvin Anane Addo, known by stool name Barima Kumi Achiaw III, as Chief of Abesim and Kyidomhene. While their writ and interlocutory injunction were filed on 10 January 2024, Addo had already been enstooled on 31 December 2023 and sworn oaths on 1 January 2024. The Applicants argued his 2 June 2024 public ‘grand coronation’ interfered with pending litigation and amounted to contempt. The Respondent cited section 61 of the Chieftaincy Act and the procedural framework under L.I. 798. The Court held its jurisdiction was properly invoked by individual suitors per Ex parte Fosuhene, but, applying Ex parte Perkoh II and section 61, found that mere filing/service of an injunction does not destool or automatically restrain a chief absent a specific order. The contempt application was dismissed, the Respondent discharged, and costs of GHc 30,000 awarded.