KWARTENG vs. DONKOR [1962]DLHC1485

Date	1962-01-25
Suit No.
Citation No.	[1962]DLHC1485

APALOO J.

I. R. ABOAGYE FOR THE PLAINTIFF.

J. K. PREMPEH WITH HIM S.A. GYIMAH FOR THE DEFENDANT.

[1962]DLHC1485
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">KWARTENG<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">DONKOR <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1962] 1 GLR 20<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 25TH JANUARY, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

I.
R. ABOAGYE FOR THE PLAINTIFF.<o:p></o:p>

J.
K. PREMPEH WITH HIM S.A. GYIMAH FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 6.0pt 0in">

APALOO J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGEMENT OF
APALOO, J.<o:p></o:p>[His lordship referred to the facts and the agreement set out in
the headnote and continued:] The plaintiff said that the defendant did not
succeed in bringing the stool to his house and accordingly seeks by this action
to recover the sum of £520, which the defendant on his own admission owed him.
The defendant’s reply is that he had helped not only in getting Kwaku Dua
destooled but also in electing Kwame Sei, the plaintiff’s nephew and a member
of the Kronkomase ruling house as the Agogohene. Accordingly, the defendant
contends that he has performed his part of the agreement and that the action
did not lie.<o:p></o:p><o:p>&nbsp;</o:p>Although the agreement (exhibit A) did not oblige the defendant to
perform any act in relation to the destoolment of Kwaku Dua, I am satisfied
that on the strength of it, the defendant helped in framing destoolment charges
against Kwaku Dua and in fact testified against him before the Owusu Afriyie
Committee of Enquiry which determined the charges against him.<o:p></o:p><o:p>&nbsp;</o:p>In the result, the destoolment charges were found proved and Kwaku
Dua was duly destooled. In relation to the election of Kwame Sei, I find that
the defendant used his position as an influential member of the C.P.P. to get
the plaintiff’s nephew nominated by the Krontihene. He was also present at a
meeting summoned by the king-makers of the Agogo stool. I am satisfied that at
that meeting the defendant again in his capacity as an influential member of
the C.P.P. supported Sei’s candidature to the stool. At that meeting to which
the plaintiff was subsequently invited, Kwame Sei was declared elected by the
elders. The defendant struck me in the witness box as an unscrupulous
individual and I feel no doubt he did all those things in pursuance of the
contract with the plaintiff and in furtherance of his own financial interest.<o:p></o:p><o:p>&nbsp;</o:p>Although elected, the evidence satisfies me that Kwame Sei was not
infact installed as Agogohene. This was because the Queenmother in whose
absence, he was elected opposed his candidature and herself nominated a rival
candidate. This candidate was subsequently installed as Agogohene, he having
received the support of the Government.<o:p></o:p><o:p>&nbsp;</o:p>An important question I have to decide in this case is whether the
agreement, exhibit A was, as contended by the plaintiff, illegal on the ground
that it was contrary to public policy or, as the defendant argues, was
perfectly lawful. In considering this question I bear in mind the warning given
by Burrough J. as long ago as 1824 in the case of Richardson v. Mellish1(1)
that public policy “is a very unruly horse, and when once you get astride it
you never know where it will carry you”.<o:p></o:p><o:p>&nbsp;</o:p>I also accept the submission of counsel for the defendant that a
judge must act with great caution in declaring a contract void as against
public policy. Nevertheless I have come to the conclusion in absolute comfort
and without the slightest hesitation that the agreement, exhibit A, by which
the defendant was, in effect, to use his influence, no doubt improperly, to
secure the election to a public stool of a man who, for all I know, may be
singularly unsuitable, merely because of financial considerations and
irrespective of the candidate’s own merit is injurious to the public interest
and on that account illegal.<o:p></o:p>