THE REPUBLIC vs NANA YAA BRAKU EX-PARTE: NANA OFORI BAAH ACHEAMFOUR
2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Civil Procedure
- Evidence Law
- Criminal Law and Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
Justice Frederick Tetteh of the High Court dismissed an application by the head of the Nsuase Agyabeng Ekuona Royal family and Werempehene of Asokore seeking to commit the Respondent for contempt for allegedly holding herself out as Queenmother of Asokore contrary to a Court of Appeal judgment recognizing the late Nana Fobiri Tiwaa II. The Respondent maintained she was lawfully enstooled in 1985, endorsed by the Asokore Traditional Council and the Ashanti Regional House of Chiefs, receiving statutory allowances and even participating in the enstoolment of the current chief. The court held that there was no proof of personal service of the prior judgments, the Applicants exhibits were non-compliant under Order 20 rule 14, and the Applicants capacity was in doubt, noting the dispute is a chieftaincy matter requiring a petition and evidence. Finding contempt not proven beyond reasonable doubt, the court acquitted the Respondent and awarded GH40,000 costs against the Applicant.
In these proceedings, the Applicant;, who described himself as the head of the Nsuase Agyabeng Ekuona Royal family of Asante Asokore in the Sekyere East District of the Ashanti Region; through his lawyer is seeking for an order of this Court committing the Respondent for contempt of Court.
In his affidavit in support filed alleged that he is the Head of the Nsuase Agyabeng Ekuona Royal Family of Asante Asokore; the family he further alleged, the late Nana Yaa Tiwaa II belongs; in the Sekyere East District of the Ashanti Regional of the Republic of Ghana. The Applicant further alleged that; he is also the Werempehene of Asokore Traditional Area and for that matter an elder and principal member of the said Traditional Area.
It is the case of the Applicant that, the judgment of the Court of Appeal, which has not been varied; overturned or disturbed in anyway by any recognized judicial process; and which is still valid and subsisting permanently demands obeisance from all interested persons including the Respondent that at all time, Nana Fobiri Tiwaa II has been the lawful Queenmother (Asokoremanhemaa) of the Asokore Traditional Area.
According to the Applicant;, inspite of the validity and binding effect of the judgment aforesaid on Respondent, she has, in open defiance of same, variously, knowingly and willfully acted and conducted herself as the Queenmother of the Asokore Traditional Area. He added that, in total disregard and disrespect to the
judgment of the Court of Appeal, Respondent caused her name to be entered into the National Register of Chiefs as Queenmother of Asokore; same of which appeared in the 13t July, 1990 issue of Local Government Bulletin; which has been attached as Exhibit FT2.
The Applicant deposed that, the Respondent has also had knowledge of the Judgment of the High Court and the Court of Appeal, though she attempted feigning ignorance of the Judgments until her own previous document exposed her. Applicant referred to exhibit FT 10 annexed to their affidavit in support.
The Applicant deposed further that; at alltime material, the Respondent has been aware of the reign of the late Nana Fobiri Tiwaa II. In that regard, the Applicant attached Exhibit FTII, which is a supplementary statement on the position of Asokore Traditional Council dated 8t December; 2017 indicating that Nana Fobiri Tiwaa II is the legitimate Queenmother of Asokore Traditional Area and their recognition of same.
late Nana Fobiri Tiwaah II variously and vehe