[2008]DLCA6614 • February 14, 2008 • Court of Appeal
THE REPUBLIC vs. EDWARD ACQUAYE EX-PARTE: CHARLES KWEKU ESSEL AND EBUSUAPANIN KWEKU WU
The case concerns a chieftaincy dispute over the Gomoa Fetteh stool involving competing claims to the title of chief and Ebusuapanyin. The appellants were initially successful before the Gomoa Assin Traditional Council Judicial Committee, which destooled the first defendant and declared the occupancy of the stool between two ruling families. The defendants appealed to the Central Regional House of Chiefs Judicial Committee, which reversed the decision and ordered a retrial before a newly constituted panel. Despite this, the appellant was installed as chief before the appeal was lodged and continued to act as chief. The High Court found the appellant guilty of contempt for disobeying court orders to maintain the status quo pending retrial.
read moreThis is an appeal against the Ruling of High Court Swedru presided over by SENYO DZAMEFE J, delivered on 31/07/06 in which the trial judge found the Appellant herein guilty of Contempt and sentenced him to a fine of ¢10 million or 6 months I.H.L. and a further cost of ¢40 million. The grounds of appeal are as follows: 1. The learned High Court Judge erred in law in failing to rule on the issue of capacity of the Applicant especially the sole surviving Applicant as well as the procedural flaws in the application. 2. The learned High Court Judge erred in law in interpreting the term “status quo” to be synonymous with “status quo ante” thus reversing or varying by necessary implication the ruling of Justice Woanyah dated 26/6/2001. 3. Further or in the alternative the Learned High Court Judge erred in law in failing to take into account the fact that respondent appellant had been installed before appeal to the Regional House of Chiefs Central Region. 4. The learned High ...