THE REPUBLIC vs. OPANYIN EKRA KWAME & ANOR. EX-PARTE: OPANYIN KWEKU YALLEY

TWUMASI, J.A.: This appeal raises the vexed question as to the proper approach which a court is required to adopt in determining an issue in a case where the parties have stated their respective versions of the issue by way of affidavits. In the instant case, the appellants were cited for contempt before the High Court, Sekondi for disobeying an order given by the Western Regional House of Chiefs. The order stated that the appellants should within a specified time surrender to the Home of chiefs, the black stool and Bombae drums of Kwesimintim, a town near Takoradi in the Western region. The appellants were cited for contempt at the behest of the respondents for the reason given by the latter that the stool surrendered to the House of Chiefs was not the black stool of Kwesimintim, but a kitchen stool. Also it was contended by the respondents, that the appellants had returned only three out of six bombae drums. The issues that fell for determination by the trial judge were (1) wheth...