REPUBLIC vs. COURT OF APPEAL; EX PARTE SITO I

The case concerns a chieftaincy dispute between two royal houses of Banda: the Kralongo and the Petelli. The Brong-Ahafo Regional House of Chiefs ordered the return of the black stool from the Kralongo royal house to the Petelli royal house by 15 November 1988. Appeals against this order were dismissed by the National House of Chiefs and the Supreme Court. The black stool was returned on 15 September 1998, nearly ten years late. Meanwhile, the appellant from the Kralongo house was enstooled as Omanhene and performed customary rites. The respondent alleged contempt of court against the appellant for disregarding the chieftaincy decisions and initiated contempt proceedings in the High Court, which declined jurisdiction. The Court of Appeal found the appellant in contempt but did not convict him. The appellant appealed to the Supreme Court.

JUDGEMENT Atuguba JSC. Delivered the first judgment at the invitation of Ampiah JSC. In this case an order was on 2 November 1988 made by the Brong-Ahafo Regional House of Chiefs in a chieftaincy proceedings before it, as follows: “We order the first petitioner Nana Kofi Mensah, the third petitioner, Nana Kwasi Wuromo, the Krontihene of Banda, the fourth petitioner, Nana Sodoyi, the Oyokohene of Banda and Nana Sie Nyomo, the Akyeamehene to convey the black stool to the Petelli royal house, Kabrena not later than 15 November 1988.” (The emphasis is mine.) The appellant belongs to the Kralongo royal house of Banda from which the black stool was to be returned to the other royal house of Banda, namely the Petelli royal house. An appeal from the judgment and said order of the Brong-Ahafo Regional House of Chiefs was dismissed on 29 March 1991 by the National House of Chiefs. A further appeal to this court was dismissed on 6 June 1995. The application for attachment fo...