[1980]DLCA1637 • April 14, 1980 • Court of Appeal
TOBAH AND ANOTHER vs. KWEKUMAH AND OTHERS
The plaintiffs sought a declaration that the defendants had no right to nominate, appoint, confirm, install, or outdoor any candidate as Chief of the Agona Division without the plaintiffs' consent, who represented the majority and lawful kingmakers. The defendants were served but did not appear or defend. The plaintiffs obtained interlocutory and final judgment ex parte. The defendants later moved to set aside the judgment, contending the matter was a chieftaincy cause and the High Court lacked jurisdiction, as the matter was pending before the judicial committee of the Ahanta Traditional Council.
read moreJUDGMENT OF JIAGGE J.A. The plaintiffs’ claim in the High Court was for: “(a) a declaration that the defendants herein have no right to nominate or appoint or confirm or instal or outdoor any candidate as the Chief of the Agona Division without the consent of the plaintiffs who represent the majority and the lawful kingmakers; and (b) interim injunction restraining the defendants, their agents, privies, etc. from confirming or outdooring any person pending the determination of this suit.” The defendants were served with the writ of summons on 22 December 1978 but they neither entered appearance nor filed a defence. The plaintiffs on 9 March 1979 filed an ex parte action for interlocutory judgment against the defendants. The action was granted and on 10 April 1979 final judgment was signed in the following terms: “Motion is granted as prayed. Judgment is hereby entered in favour of the plaintiffs herein as against the defendants. It is further declared that the defendant...