IN THE MATTER OF THE REPUBLIC vs. NANA AFIA DONYINA II & 4 OTHERS EX PARTE: NANA OSEI GYAN ABABIO & 2 OTHERS

The appellants filed a chieftaincy petition and an application for interlocutory injunction to restrain the respondents from enstooling the 3rd respondent as the Omanhene of Atebubu. Despite the pending petition and injunction application, the respondents proceeded with the installation of the 3rd respondent on 11th July 2022. The appellants alleged this conduct was contemptuous and prejudicial to the administration of justice. The respondents admitted service of court processes after the installation, except the 2nd respondent who was served earlier but claimed ignorance due to illness and illiteracy. The 3rd respondent held himself out as Omanhene by performing customary functions. The appellants sought committal for contempt against the respondents for disregarding court processes and continuing with the installation and recognition of the 3rd respondent as Omanhene.

JUDGMENT KWAMINA BAIDEN, JA. In this contempt matter, the Applicants/Appellants hereafter to be called Appellants have appealed on the ground that the Ruling is against the weight of the evidence on record. The Ruling was delivered on 20th June, 2023 (ROA 315-330) and the Notice of Appeal filed on 4th July, 2023. (ROA 331-333). The parties involved in this appeal and their status are as follows: 1st Appellant, Nana Osei Gyan Ababio is the Kyidomhene of Atebubu Traditional Council and Abusuapanin of Kyeremeh Royal Family 2nd Appellant, Nana Afia Gyambea, Kyidomhemaa of the Atebubu Traditional Area. 3rd Appellant, Nana Sarfo Kantanka, Principal Member of the Kyeremeh Royal Family 1st Respondent, Nana Afia Donyina II, Queenmother of the Atebubu Traditional Area 2nd Respondent, Nana Kwabena Kyere III, Adontnehene of Atebubu Traditional Area 3rd Respondent, Eric Yeboah Asiamah, member of the Kyeremeh Royal Family 4th Respondent, the Registrar, Atebubu Traditional Council...