[1987]DLHC1201 • August 1, 1987 • High Court
REPUBLIC vs. SAGOE II; EX PARTE BAFFO
The applicant, customarily nominated and installed as mankrado of Agona Kwaman in 1975, was refused customary oath of allegiance by the chief of Kwaman. After a favorable judgment by the judicial committee of the Agona Nyakrom Traditional Council recognizing him as the accredited mankrado, the chief still refused to swear him in. The respondent, Nana Kwame Sagoe II, claimed to be the mankrado and exercised functions of the office, leading the applicant to seek an injunction to restrain the respondent from acting as mankrado.
read moreJUDGMENT OF OSEI-HWERE J. The applicant moves the court for an injunction in the nature of quo warranto to restrain the respondent, Nana Kwame Sagoe II, from exercising the functions of mankrado of Agona Kwaman; acting as such mankrado or calling himself such mankrado. The motion is backed by an affidavit of very pertinent paragraphs which I quote in extenso hereunder: “(1) That I was customarily nominated and installed as mankrado of Agona Kwaman some time in March 1975. (2) That in compliance with custom, a request was made to the chief of Kwaman for permission for me to swear the customary oath of allegiance before him. (3) That contrary to custom this permission was refused by the chief of Kwaman. (4) That in consequence of the said refusal of permission for me to swear before the chief, I brought action against the said chief, Nana Opaaku Yeboah V, before the judicial committed of the Agona Nyakrom Traditional Council. (5) That in the said action I claimed a decla.....