KANGAH vs. KYEREH AND OTHERS [1978]DLHC1148

Date	1978-12-07
Suit No.
Citation No.	[1978]DLHC1148

ANSAH-TWUM J.

DR. EKOW DANIELS FOR THE APPLICANT.

A. FORSON FOR THE RESPONDENTS.

[1978]DLHC1148
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													<main id="main" class="content" style="min-height: 60rem" >KANGAH <o:p></o:p>vs. <o:p></o:p>KYEREH AND OTHERS<o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p>&nbsp;[1979] GLR 458<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
7 DECEMBER 1978<o:p></o:p>

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

DR. EKOW DANIELS FOR THE APPLICANT.<o:p></o:p>

A. FORSON FOR THE RESPONDENTS.<o:p></o:p>

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

ANSAH-TWUM J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANSAH-TWUM J.<o:p></o:p>This is
an application brought by Opanyin Kangah, the petitioner-applicant (hereinafter
referred to as the applicant) pursuant to an order of the court given under
Order 59, r. 21 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), on
15 June 1978, granting the applicant leave to apply for an order committing
Kwesi Kyereh, the Sekondi Traditional Council and Victor Plange, the
respondents herein for contempt of court.<o:p></o:p><o:p>&nbsp;</o:p>The
applicant has set out the grounds on which he has brought this application in
the accompanying affidavit and I hereunder reproduce paragraphs 2, 3, 6, 7 and
8 of the accompanying affidavit which I consider to be relevant to the issues
now before the court:<o:p></o:p>“2. That
in 1972, I in my capacity as ebusuapanyin of Abrashieh Abradzi family of
Sekondi for myself and as representing that family, filed a petition before the
judicial committee of the Western Region House of Chiefs against the
respondents asking for a declaration that the purported nomination, election
and confinement of the third respondent by the first and second respondents was
unconstitutional and against custom, and an injunction to restrain the first
and second respondents from enstooling the third respondent. 3. The judicial
committee of the Western Region House of Chiefs gave judgment in my favour. The
appeal by the respondents was dismissed by the judicial committee of the
National House of Chiefs and the full bench of the Court of Appeal. 6. Since
the final judgment delivered on 14 June 1977, the respondents jointly and
severally have been violating the provisions of the judgment in particular: <o:p></o:p>(a) The
third respondent has been attending the meetings of the Sekondi Traditional
Council and has been participating in the proceedings. <o:p></o:p>(b) The
said third respondent has been causing gong-gong to be beaten in his name as
the Omanhene of Sekondi Traditional Area.<o:p></o:p>(c) He
has been attending public functions in his capacity as Omanhene of Sekondi
Traditional Area which he is not. On 3 May 1978, the third respondent attended
a function organised by the first and second respondents in honour of Major
Cobbina. Not satisfied with being illegally there, he made a speech in his
capacity as the Omanhene. That was reported on the Ghana Broadcasting
Corporation Television as follows:<o:p></o:p>‘The
Omanhene of the Sekondi Traditional Area Nana Anaisie, explained that the
traditional council decided to honour Major Cobbina for his untiring efforts to
restore Sekondi to its former glory. Major Cobbina was later presented with
gifts. His wife was also presented with earrings, and necklace.’ 7. The
respondent is still occupying the Sekondi Palace reserved for the Omanhene of
Sekondi Traditional Area in spite of repeated warnings. 8. In all, the third
respondent has done and continues to do the acts complained of with the active encouragement
of the first and second respondents.”<o:p></o:p><o:p>&nbsp;</o:p>The
applicant considers these alleged acts and conduct of the respondents as
amounting to violation of the judgment he recovered against them and thereby
making them guilty of contempt, and which said acts and conduct merit the
committal of the respondents for contempt.<o:p></o:p><o:p>&nbsp;</o:p>Learned
counsel, Dr. Ekow Daniels, moving the court for the applicant, forcefully,
inter alia, impressed upon the court that the judgment of the judicial
committee of the Western Region Hou</main>