REPUBLIC vs. AKIM ABUAKWA TRADITIONAL COUNCIL; EX PARTEAPPEANYO II [1979]DLHC1100

Date	1979-12-17
Suit No.
Citation No.	[1979]DLHC1100

APATU-PLANGE J.

MISS ROSE OWUSU SENIOR STATE ATTORNEY FOR THE APPLICANT DISTRICT CHIEF EXECUTIVE EAST AKIM DISTRICT COUNCIL.

ASANTE TANNOR (KWAKU BOATENG WITH HIM) FOR THE RESPONDENT.

[1979]DLHC1100
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>AKIM ABUAKWA TRADITIONAL COUNCIL; EX PARTEAPPEANYO II<o:p></o:p>[HIGH COURT, KOFORIDUA] <o:p></o:p>[1978] GLR 799<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:
17 DECEMBER 1979<o:p></o:p>

</div><o:p>&nbsp;</o:p>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">

MISS ROSE OWUSU, SENIOR STATE ATTORNEY, FOR THE
APPLICANT, DISTRICT CHIEF EXECUTIVE, EAST AKIM DISTRICT COUNCIL.<o:p></o:p>

ASANTE TANNOR (KWAKU BOATENG WITH HIM) FOR THE
RESPONDENT.<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 1.0pt 0in">

APATU-PLANGE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APATU-PLANGE J.<o:p></o:p>On 15
November 1979, the then applicant, Barima Appeanyo II, filed an ex parte
application in this court for leave to issue out orders of certiorari and
prohibition against the Akim Abuakwa Traditional Council to quash the order of
the council dated 16 November 1975 ordering the applicant herein to cease to
exercise any functions exercisable by him as Adontenhene of Akim Abuakwa
Traditional Area from the date of the said order and or the destoolment order
made against the applicant on the said date and also to prohibit the said
council from giving recognition to any candidate who may be nominated, elected
and installed in place of the applicant. This ex parte application was brought
under Order 59, r. 2 (1) and (2) of the High Court (Civil Procedure) Rules,
1954 (L.N. 140A). The application came on for hearing on 16 November 1979 and
the court after reading the supporting affidavits and statement setting out the
name and description of the applicant, the reliefs sought, and the grounds on
which they were sought and on hearing counsel for the applicant, granted the
leave prayed for.<o:p></o:p><o:p>&nbsp;</o:p>Now Order
59, r. 2 (4) provides:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“4. The
grant of leave under this rule to apply for an order of prohibition or an order
of certiorari, shall, if the Court or a Judge so directs, operate as a stay of
the proceedings in question until the determination of the application, or
until the Court or a Judge otherwise orders.”<o:p></o:p><o:p>&nbsp;</o:p>The Akim
Abuakwa Traditional Council has as far back as 16 November 1975 declared the
applicant destooled and this was brought to the notice of the government which
culminated in the issuing out of an executive instrument, the Kukurantumi Stool
Property (Seizure) Instrument, 1979 (E.I. 54), ordering the District Chief
Executive, East Akim District Council, to take over the Kukurantumi stool
property which was then in the possession of the applicant. It was brought to
the notice of this court that at the time of this application for leave, the
district chief executive had in compliance with E.I. 54 taken over the said
stool properties and had locked out the applicant from the Kukurantumi palace.
Counsel for the applicant therefore submitted that since the application before
the court was for an order to quash the destoolment order made by the council
on stated grounds and to prohibit the council from giving recognition to any
candidate who may be enstooled in his place, it was necessary in the interest
of justice that the proceedings against the applicant in respect of his
destoolment should be stayed until his application for certiorari and
prohibition was heard and determined.<o:p></o:p><o:p>&nbsp;</o:p>This
court after careful consideration of this application felt that indeed it was
necessary to stay the said proceedings complained of and consequently exercised
its discretion under Order 59, r. 2 (4) by making the following consequential
order:<o:p></o:p>“It is
hereby ordered that leave be and is hereby granted the applicant herein to issue
out writs of certiorari and prohibition in this matter and that the grant of
this leave is to operate as a stay of proceedings, that is to say, the district
chief executive should open up the palace of the Kukurantumihene, to enable him
to enter therein and continue to exercise the functions of Adontenhene of Akim
Abuakwa Traditional Area . . . until the final determination of this
application.”<o:p></o:p><o:p>&nbsp;</o:p>