THE REPUBLIC vs. WASSA FIASE TRADITIONAL COUNCIL EX-PARTE: OPANYIN KOFI SARFO & NANA BEMA (APPLICANTS/RESPONDENTS) YAMSON SNR. , ABRAHAM YAMSON, PATRICK EFFAH, MABEL YEBOAH AND VIDA YAWSON [2010]DLCA6634

THE REPUBLIC vs. WASSA FIASE TRADITIONAL COUNCIL EX-PARTE: OPANYIN KOFI SARFO &... [2010]DLCA6634

Date	2010-11-11
Suit No.	CIVIL APPEAL NO. H1/13/2009
Citation No.	[2010]DLCA6634

AKAMBA J.A. (PRESIDING)

ASARE-KORANG J.A.

ADUAMA OSEI J.A

MR. AMUA-SEKYI FOR INTERESTED PARTIES/APPELLANTS MR FREMPONG

BOADU FOR APPLICANTS RESPONDENTS

[2010]DLCA6634
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>WASSA FIASE
TRADITIONAL COUNCIL<o:p></o:p>EX-PARTE:
OPANYIN KOFI SARFO &amp; NANA BEMA<o:p></o:p>(APPLICANTS/RESPONDENTS)<o:p></o:p>YAMSON SNR.
, ABRAHAM YAMSON, PATRICK EFFAH, MABEL YEBOAH AND VIDA YAWSON<o:p></o:p>(INTERESTED
PARTIES/APPELLANTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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APPEAL NO. H1/13/2009&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 11TH NOVEMBER, 2010<o:p></o:p>

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INTERESTED PARTIES/APPELLANTS MR FREMPONG-BOADU FOR APPLICANTS RESPONDENTS <o:p></o:p>

AKAMBA J.A. (PRESIDING),ASARE-KORANG
J.A., ADUAMA OSEI J.A.<o:p></o:p>

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</div>ADUAMA
OSEI JA <o:p></o:p>This
is an appeal against a judgment of the High Court, Tarkwa, dated the 5th of
April, 2007, in which the High Court made an order prohibiting the Wassa Fiase
Traditional Council from hearing an application filed by the Interested
Parties/Appellants to set aside a judgment of the Judicial Committee of the
Traditional Council dated 14th October, 1997. <o:p></o:p>The
judgment of 14th October, 1997, was delivered in an action instituted in the
Wassa Fiase Traditional Council by the Ebusuapanyin of the Esuaso Stool Family
and the Esuasohene against the Agona Family No. 1 of Esuaso. In that action,
declarations were sought against the Agona Family No. 1 to the following effect:
<o:p></o:p>a)
that the Asenaman Kotoko Stool of Esuaso was the one brought down to Wassa by
Nana Kwadwo Anomako I, the son of Obaapanyin Bema; <o:p></o:p>b)
that having assaulted the reigning chief of Esuaso twice and damaged certain
stool property, the members of the Family had defiled, degraded and disgraced
the Esuaso Stool and had therefore lost any right they may have had to occupy
the said Stool; <o:p></o:p>c)
that by their public utterances and other acts and conduct, including a
conspiracy to destool or kill the Chief of Esuaso, the members of the Family
had established beyond all doubt that they were not related by blood to the
occupant of the Esuaso Stool or his relations or ancestors; and <o:p></o:p>d)
that, having supported false claims made to the Esuaso Stool by strangers like
Adense and Kwame Ackah, the members of the Family had shown that they were
usurpers and did not really belong to the kith and kin of the Esuaso Stool
Family. <o:p></o:p>According
to the Record, the Agona Family No. 1 filed a statement of defence denying all
the allegations made against them; they however failed to avail themselves of
the opportunity to be heard at the trial and on 14th October, 1997, on the
strength of the evidence adduced on behalf of the Plaintiffs, the Traditional
Council entered judgment in favour of the Plaintiffs for all the reliefs
sought. The Agona Family No.1 claim that they were unaware of the judgment of
14th October, 1997 and the Record shows that they took no steps in respect of
the said judgment until 7th February, 2007, when the Interested Parties/Appellants,
hereinafter called “the Appellants,” filed a motion in the Traditional Council
praying the Council to set aside the judgment and also to substitute themselves
(that is, the Appellants) as Defendants and the Applicants/Respondents, hereinafter
called “the Respondents,” as Plaintiffs, ostensibly with the aim of re-opening
the action which culminated in the judgment of 14th October, 1997. <o:p></o:p>The
Respondents reacted to the Appellants’ application of 7th February, 2007 by
filing an affidavit in opposition in which, among other things, they declined
to consent to their being made Plaintiffs in the action and also contended that
the Traditional Council had no jurisdiction to grant the reliefs sought in the
application. On the same date that they swore to their affidavit, the
Respondents wrote to the Registrar of the Traditional Council seeking an
assurance that the Council would not proceed with the hearing of the case. On
27th February, 2007, however, the Traditional Council issued a hearing notice
for the application and, in reaction to the hearing notice, the Respondents
filed a supplementary affidavit contending that the issue of the hearing notice
was an indication that the Traditional Council and the Appellants were bent on
interfering with the judgment of 14th October, 1997. They also repeated their
earlier contention that the Traditional Council had no jurisdiction to set
aside the said judgment. Further, they filed an applica</main>