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

P. K. GYAESAYOR J.A:-.

This is an appeal against the decision of the Cape Coast High Court presided over by Justice V. G. K. Ayimey convicting the Respondent/Appellant herein for contempt and sentencing him to pay a fine of Gh10,000 or to go to prison for three (3) months in default.

The ruling of the High Court, the subject of this Appeal is dated 18th June,2008.The notice of appeal filed on 20th June, 2008 shows that the appeal is against the decision of the Court convicting the Respondent/Appellant for contempt of Court by interfering with the administration of justice by holding himself as the Chief of Gomoa Fetteh and also appeals against the sentence of Gh10,000 out of which Gh3,000 was to be paid to the applicant.The grounds of appeal are that:-.

a. That the ruling was against the weight of evidence adduced before the Court b. Further grounds to be filed on receipt of the ruling and the Record of Appeal on 26th June, 2008 notice of further grounds of appeal filed and additional grounds were added.Additional grounds of appeal were subsequently filed.

1. That the learned trial Judge erred in making a finding that the 1st Respondent is not a Chief when there was no matter before him to determine whether or not the 1st Respondent was a Chief .

2. That the learned Judge did not have jurisdiction to determine the status of who is a Chief which determination is a cause or matter affecting Chieftaincy

3. That the learned Judge erred in his Ruling on the capacity of the Applicant

4. That the learned Judge erred substantively by his decision not to be bound or compelled by the Court of Appeal ruling delivered on 14th February, 2008 in the case of The Republic vrs Nana Abor Yamoah II and made findings and pronouncements contrary to the decisions in the said Appellate Court on matter which were the same before him

5. That the learned Judge delved into matters which were not contained in the affidavits and exhibits which were placed before him and thereby strayed into chieftaincy facts which were not brought before the Court for determination.

6. That additional grounds of appeal will be filed a receipt of the Records of Appeal.Respondent/Appellant is therefore seeking a reversal of the orders of the High Court dated 18th June, 2008.

The ruling of the Court is based on an application brought to the Court and supported by an affidavit dated 12th November, 2007 (affidavit reproduced here in full)

a. That I am the Regent of the Abor Ewusie Royal Tw