REPUBLIC vs. OMANHENE OF AHANTA TRADITIONAL AREA & OTHERS; EX PARTE KORKOR & OTHERS [1983]DLHC2187

REPUBLIC vs. OMANHENE OF AHANTA TRADITIONAL AREA & OTHERS; EX PARTE KORKOR & O... [1983]DLHC2187

Date	1983-05-10
Suit No.
Citation No.	[1983]DLHC2187

TWUMASI J.

DR. TACKIE-OTOO FOR THE APPLICANTS.

D. D. GWIRA FOR THE RESPONDENTS.

[1983]DLHC2187
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>OMANHENE OF AHANTA TRADITIONAL AREA &amp; OTHERS; EX PARTE KORKOR &amp;
OTHERS <o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p>[1982-83] GLR 1154<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:
10 MAY 1983<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. TACKIE-OTOO FOR THE APPLICANTS. <o:p></o:p>

D. D. GWIRA 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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF TWUMASI J.<o:p></o:p>Some time
in December 1982 the stool of Princess Town, subordinate to the Paramount Stool
of Busua, fell vacant and it became necessary for the stool family to nominate
a candidate to fill the vacancy. The second respondent nominated the third
respondent and confined him for the purpose of outdooring him and installing
him as the new chief. The applicants who claim to be the kingmakers, filed a
petition before the Ahanta Traditional Council claiming that the third
respondent’s nomination and confinement as the prospective chief of Princess
Town infringed customary procedure in that the accredited kingmakers had not
been consulted. While the action was pending before the judicial committee of
the traditional council, the first respondent, Omanhene of the Ahanta
Traditional Area, and the second respondent and others obtained a police permit
to outdoor the third respondent. With the intervention of the Western Regional
House of Chiefs, the police withdrew the permit. This was after the applicants
had made representations to the regional house of chiefs. Despite the
withdrawal of the permit, the first respondent caused the third respondent to
be outdoored as a chief. The applicants herein therefore instituted proceedings
before this court for an order attaching the respondents for contempt.<o:p></o:p><o:p>&nbsp;</o:p>In the
course of arguments by counsel on both sides, my attention was focused on a
preliminary question as to the proper procedure for instituting contempt
proceedings against persons whose acts may amount to contempt of a traditional
council adjudicating a cause or matter affecting chieftaincy. Counsel for the
respondents, Mr. Gwira, submitted that the applicants were not the proper
persons to institute contempt proceedings before the High Court and that the
application was incompetent in view of the provisions of regulation 13 (5) of
the Chieftaincy (Proceedings and Functions) (Traditional Councils) Regulations,
1972 (LI 798) which reads:<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">“13. (5)
Where it appears to the judicial committee that any person has committed
contempt of the Traditional Council by which that committee was appointed it
shall certify that fact to the High Court and the High Court shall after
inquiring into the matter take steps for the punishment of the person in
question if it is satisfied that he is guilty of contempt, and shall otherwise
acquit that person.”<o:p></o:p><o:p>&nbsp;</o:p>It is
clear from regulation 13 (5) of LI 798 that the precondition necessary for the
High Court assuming jurisdiction to inquire into cases of contempt of a
traditional council acting in their judicial capacity is a certificate of an
alleged contempt submitted to the High Court by the judicial committee of the
traditional council concerned. Where no such certificate is submitted, the High
Court has no jurisdiction to entertain allegations of contempt of a traditional
council acting in its judicial capacity.<o:p></o:p><o:p>&nbsp;</o:p>It must
be emphasised that where a statute confers jurisdiction on a court or other
authority and attaches conditions to the exercise of the jurisdiction that
court or other authority shall not be seised with the jurisdiction without
proof of the existence of those statutory conditions. The applicants in this
case are not the judicial committee of the Ahanta Traditional Council. In view
of what I have stated regarding the provisions of regulation 13 (5) of LI 798,
it is unnecessary for me to pronounce on the question of whether the conduct of
the respondents amounted to contempt or not. I ought to decline jurisdiction. I
would therefore dismiss the application for want of jurisdiction and grant the
respondents ¢1,000 costs against the applicants.<o:p></o:p>

<o:p>&nbsp;</o:p></main>