THE REPUBLIC vs THE REPUBLIC & ORS
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS TETTEH (MRS.), J
Areas of Law
- Civil Procedure
- Constitutional Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Applicants challenged the nomination and enstoolment of chiefs in Gbetsile Kpone and filed for an interlocutory injunction, which the respondents ignored, going ahead with the enstoolment. The court examined whether it had jurisdiction to entertain the contempt application by individuals and whether the respondents' actions constituted contempt. The High Court held it had jurisdiction but found no clear court order was violated, thus dismissing the contempt application.
This is a motion for an order of committal for contempt.
The supporting affidavit attached deposed to the fact that on the 16th of June 2015 the applicants herein caused to be instituted an action against the Respondents in the Judicial committee of the greater Accra Regional House of Chiefs seeking the following reliefs:
i. A declaration that the purporting nomination election and pending enstoolment of the 6th and 7th defendant as Mantse and Mankralo respectively of Gbetsile Kpone is null and void and of no legal effect and same is contrary to customary practice of the people of Gbetsile and Kpone traditional area
ii. A Declaration that the 1st to 5th defendant have no traditional capacity to nominate elect and enstool the 6th and 7th defendant as Mantse and Mankralo of Gbetsile Kpone
iii. An order to set aside the purported nomination election and pending enstoolment of the 6th and 7th defendants as Mantse and Mankralo of Gbetsile
iv. An order of interim injunction restraining the 1st to the 5th defendants, their agents, assigns, servants from enstooling the 6th and 7th defendants as Mantse and Mankralo respectively of Gbetsile and from holding themselves out as such or from in anyway acting as such until the final determination of this suit
v. An order of perpetual injunction restraining the defendants particularly the 1st to 5th defendant their agents, assigns and servants, or whosoever from nominating electing or enstooling the 6th and 7th defendants as Mantse and Mankralo of Gbetsile , Kpone.
Any other orders as the judicial committee may deem fit and equitable in the circumstance.
The applicants on the same 16/6/2015 caused to be filed a motion on notice for an order of interlocutory injunction seeking to restrain the respondents from enstooling 6th and 7th defendants as Mantse and Mankralo of Gbetsile respectively, on the 19/6/2015 the respondents were served with the said petition and interlocutory application.
The respondents on the 25/6/2015 caused conditional appearance to be entered for and on their behalf then the respondents further caused to be filed a motion on notice to strike out the applicants’ afore mentioned action on alleged grounds of irregularity.
Applicants’ motion as well as respondents’ motion are yet to be heard, in spite of the pending matter before the judicial committee the respondents on the 26/6/2015 went ahead to enstool 6th and 7th respondent as Mantse and Mankralo respectively of Gbetsile evidenced by exhibit