THE REPUBLIC vs. KPONE TRADITIONAL COUNCIL AND 2 OTHERS EX-PARTE: ALHAJI TETTEH KWAO AND 2 OTHERS

The case concerns a dispute over the alienation and use of land in the Appolonia area within the Kpone Traditional Area. A prior High Court judgment (Asare Korang J, 1995) held that alienation of Appolonia land required consent of the elders of Appolonia. This was initially overturned on appeal but restored by the Supreme Court in 2000. Subsequently, gravel was extracted from the land by a contractor with permission from the Kpone Traditional Council and chiefs, leading to allegations of contempt of court for violating the injunction against alienation without consent. The Police investigation found the gravel extraction was authorized by the Traditional Council and recommended no criminal prosecution. Contempt proceedings were initiated by Joshua Tetteh, claiming violation of the court order.

GYAESAYOR, JA On the 26/9/95, Asare Korang J [as he then was] in Suit HCT 135/94 entituled Alhaji Tetteh Kwao and Two Others Vrs. Nii Tei Adumuah II and One Other entered judgment of favour of plaintiff. In this judgment the court found that the alienation of land in Appolonia in the Kpone Traditional Area could not be made without the consent and the concurrence of the respondents who are elders of Appolonia. It then proceeded to grant a perpetual injunction restraining the present appellant from alienating Appolonia land without the consent and concurrence of respondent. An appeal was taken against the decision of the High Court in the Court of Appeal where the decision of Asare Korang was set aside. The respondents were not happy with the turn of events and also appealled to the Supreme Court which laid the matter to rest by restoring the judgment of the High Court on the 12/4/2000. On the 3/11/2005 one Samuel Opoku Larbi was seen winning gravel on the Appollonia Stool Land bu...