THE REPUBLIC vs. OPANIN KWADWO GARI AND 4 OTHERS ALL OF ABURASO, KUMASI; EX PARTE NANA NKANSAH BOASARE II

The applicant, Nana Nkansah Boasare II, chief of Akyremekuku, Aburaso, filed a writ in the Circuit Court, Kumasi, and obtained an interim injunction restraining the first three respondents from interfering with a parcel of land (Plot No. 26 Block R, Aburaso) and from conducting burial or funeral rites of the late Queen of Aburaso on the land. Despite the injunction, the respondents allegedly continued construction on the disputed land and held the funeral rites. The 4th respondent was engaged as a contractor for the building, and the 5th respondent was joined later due to claims of possession and involvement in the funeral organization. The respondents claimed the 5th respondent was acting under the Asantehene's directive as caretaker pending resolution of a chieftaincy dispute.

This ruling is in respect of an application for contempt filed by one Nana Nkansah Boasare II who described himself as the chief Akyremekuku, Aburaso. He would be referred to as the applicant in this ruling. Before this application, the applicant mounted a writ in the Circuit Court, Kumasi, presided over by His Honour Judge Amo-Yartey. On the 10th of December, 2010, the day the writ was filed in the Registry of the circuit court, the applicant was granted a limited order of injunction against the first three respondents, who are the defendants, in that suit. According to the terms of the order, the respondents were restrained from interfering with a parcel of land described as plot No. 26 Block R, Aburaso, Kumasi, and also from burying or organizing the funeral rites of the late Queen of Aburaso on the parcel of land already referred to. It is the case of the applicant that the 1st to 3rd respondents defied the orders of the circuit court when they went ahead and continued with the co...