THE REPUBLIC vs THE DORMAA TRADITIONAL COUNCIL & ANOR

The Applicant through his counsel filed the instant application on notice on 15th January 2025 praying the Court for an order of contempt to issue against the Respondent for its failure to comply with the Court’s orders made on21st May 2024 and directed to it. The application is brought under Order 50 of the High Court (Civil Procedure) Rules, 2004 (C.I 47), Section 36 (1) of the Courts Act, 1993 (Act 459) and Article 126 (2) of the 1992 Constitution and supported with a 19-paragraph affidavit deposed to by the Applicant.

The Applicant states he has the power, consent and authority of the Nziah Akpau and Ngessah Kwaku Royal Families of Nkrankwanta in the Dormaa West Municipality in the Bono Region to depose to the affidavit on their behalf as the facts are well within his personal knowledge and belief. He attached as Exhibit ‘A’, a Power of Attorney. The pith of the Applicant’s case is that he issued a petition against Nana Buru Yaa Assamala (Obaapanin of Nkrankwanta), Cosmos Adjei (styling himself as Chief of Nkrankwanta) and Nana Kwame (Abusuapanin of Fa-Saah’s family), all of Nkrankwanta in the Dormaa Traditional Area which he filed at the Respondent’s Registry on 5th October 2018, seeking the reliefs endorsed thereon. Exhibit ‘B’ is a copy of the petition. The Respondents filed their response as per Exhibit ‘C’ to which he also filed a Reply as per Exhibit ‘D’. Thereafter, a Memorandum of Issues was filed on 21st January 2021 as per Exhibit ‘E’ whilst the Respondents filed Additional Memorandum of Issues on 29th July 2021 as per Exhibit ‘F’. According to the Applicant, the case had been ripe for hearing since July 2021 and he caused his solicitors to write three letters, Exhibit ‘G’, ‘G1’ and ‘G2’ to the Respondent’s Registrar requesting a date for the hearing of the petition by its Judicial Committee. Although the letters were received by the Registrar, the Registrar did not deem it fit to acknowledge receipt of them, let alone to have a date fixed for the hearing.

Due to the Respondent’s flagrant and wilful refusal to empanel a Judicial Committee to hear the petition, he caused his solicitors to file an application for judicial review by way of mandamus on 1st September 2023, Exhibit ‘H’, to compel the Respondent to empanel a Judicial Committee to hear his petition. Although Exhibit ‘H’ was served on the Respondent by substituted service upon the order of the Court, the Respondent failed to file any response thereto. Consequently, on 18th March 202