[2001]DLHC1193 • March 2, 2001 • High Court
IBRAHIM vs. ABUBAKARI
The applicant, Ibrahim, claimed to be the substantive head (Moshiehene) of the Kumasi Moshie community and sought a declaration and perpetual injunction restraining the respondent, Abubakari, from representing himself as such or interfering with the applicant's duties. The respondent resisted and counterclaimed for the same reliefs. The High Court initially ruled in favor of the applicant, granting the declaration and injunction. The respondent appealed but discontinued the appeal, then sought Supreme Court review which initially quashed the High Court judgment. However, a Supreme Court review bench later overturned that ruling, restoring the High Court judgment. Despite these rulings, the respondent allegedly continued to represent himself as Moshiehene, prompting the applicant to seek contempt proceedings.
read moreJUDGEMENT Kanyoke J. From the affidavits filed in this application the following material facts are not in dispute: On or about 1 September 1995 the plaintiff-applicant (hereinafter referred to as the applicant) caused a writ of summons to be issued against the defendant-respondent (hereinafter referred to as the respondent) claiming the following reliefs: “(1) A declaration that the plaintiff is the substantive Kumasi Moshie community head. (2) An order of perpetual injunction to restrain the defendant whether by himself, his agents or servants from representing himself as the Kumasi Moshie community head or purporting to act as such. (3) An order of perpetual injunction to restrain the defendant whether by himself, his agents, servants or whomsoever from interfering in the plaintiff’s performance of his duties as the substantive Kumasi Moshie community head.” The respondent did not only resist the applicant’s action but he also counterclaimed for: “(1) ...