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THE REPUBLIC v. NANA ABOR YAMOAH ALIAS EDDIE ACQUAYE & ANOTHER

December 16, 2010

COURT OF APPEAL

GHANA

CORAM

  • HENRIETTA ABBAN (MRS) J.A (PRESIDING))
  • S. E. KANYOKE J.A
  • P. K. GYAESAYOR J.A

Areas of Law

  • Civil Procedure
  • Criminal Law and Procedure

AI Generated Summary

The Court of Appeal, per P. K. Gyaesayor JA, allowed an appeal against the Cape Coast High Court’s contempt conviction of Nana Abor Yamoah II, who had been fined GH¢10,000 or three months’ imprisonment for holding himself out as chief of Gomoa Fetteh and engaging in land-related acts. The application for contempt was brought by Regent Samuel Cabby Kaye of the Abor Ewusie Royal Twidan Stool Family, relying on Justice Woanyah’s order to maintain the status quo while the Gomoa Akyempim Traditional Council reconstituted its Judicial Committee. The Court held that Woanyah’s order was ambiguous and directed at the Traditional Council, not the appellant, and that contempt requires a clear, unambiguous order willfully violated. It further found the High Court lacked jurisdiction to determine chieftaincy status and criticized the use of contempt in chieftaincy disputes. The conviction and sentence were set aside, the fine ordered refunded, and costs awarded.

JUDGMENT