[2009]DLCA7810 • May 28, 2009 • Court of Appeal
THE REPUBLIC (PLAINTIFF/RESPONDENT) vs. THE JUDICIAL COMMITTEE OF THE GOMOA ASSIN TRADITIONAL COUNCIL, GOMOA ASSIN (RESPONDENTS/APPELLANTS) EBUSUAPANYIN KWADWO ABOR, NANA KOFI KORANTENG III, NANA ESSEL AMOKWANDOH VIII AND SUPI KOJO WEREM (APPLICANTS/RESPONDENTS) EBUSUA PANYIN KWEKU WU (SUBSTITUTED BY NANA KWAME OKYERE MPANTO I) (INTERESTED PARTY)
VICTOR D. OFOE, JA: The matter is a chieftaincy dispute before the Judicial Committee of the Gomoa Akyepim Traditional Council. The parties to the dispute are Ebusuapanyin Kwadwo Abor, Nana Kofi Koranteng III and Supi Kojo Werem on one side and Ebusuapanyin Kweku Wu and Nana Abor Ewusie XIX (now deceased) on the other. The case has found its way to this court because the appellants are aggrieved at a Prohibition and other consequential orders made by the learned trial Judge of Agona Swedru against the Judicial Committee of the Gomoa Assin Traditional Council on application of the applicants.The orders read as follows: “I find that the application for prohibition succeeds. Accordingly it is hereby ordered that the respondents that is, the members of the Judicial Committee of the Gomoa Assin Traditional Council, Gomoa Assin are prohibited from further hearing and or determining and delivering judgment in the pending chieftaincy matter before it between (i) Ebusuapanyin Kwa.....