THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS KUMASI EXPARTE; ODENEHO AKROFA KRUKOKO II AND OSAGYEFO KWAMENA ENIMIL VI

The applicant, formerly the Omanhene of Wassa Traditional Area, was destooled in 2002 following his imprisonment for contempt of court. The Interested Party was enstooled as his replacement. The applicant was sued in the Western Regional House of Chiefs seeking declarations and injunctions that he was no longer Omanhene and should cease to act as such. The applicant did not defend the suit, which resulted in a judgment against him. He unsuccessfully sought mandamus from the High Court to remove the Interested Party's name from the Register of Chiefs and his appeal to the Court of Appeal was dismissed, affirming that ordinary courts lack jurisdiction over chieftaincy matters. The applicant appealed to the Supreme Court and sought an interlocutory injunction restraining the Interested Party from acting as Omanhene pending appeal determination.

ATUGUBA, J.S.C. The applicant moves this court for: “an order of interlocutory injunction restraining the Interested Party/Respondent/Respondent herein from holding himself out in any manner whatsoever whether by himself, his servants, agents, privies whomsoever or otherwise howsoever, to be the Omanhene of Wassa Fiasse Traditional Area, and/ or a member of the Western Region House of Chiefs, and/or a member of the National House of Chiefs, pending the hearing and determination of the said Applicant’s appeal …” The brief facts of this matter are that the applicant was destooled in 2002 as the Omanhene of Wassa Traditional Area consequent upon his committal to prison for contempt of court and the Interested Party was enstooled to replace him. The applicant was also sued in the Western Regional House of Chiefs for inter alia, declaration and injuction that he was no longer the Omanhene of Wassa Fiase Traditional Area and should cease from posing as such Omanhene. The applic...