THE REPUBLIC vs. NII ADAMAH THOMPSON AND 10 OTHERS EX- PARTE; NII TETTEH AHINAKWA II [2014]DLSC4548

THE REPUBLIC vs. NII ADAMAH THOMPSON AND 10 OTHERS EX- PARTE; NII TETTEH AHINAKW... [2014]DLSC4548

Date	2014-01-16
Suit No.	CIVIL APPEAL No J4/46/2010
Citation No.	[2014]DLSC4548

J. V. M. DOTSE JSC (PRESIDING)

ANIN YEBOAH JSC

P. BAFFOE-BONNIE JSC

N. S. GBADEGBE JSC

A. A. BENIN JSC

NII AKWEI BRUCE-THOMPSON FOR THE RESPONDENTS/APPELLANTS/ APPELLANTS.

ADUMUA BOSSMAN WITH HIM FIONA ASAFO-ADJAYE FOR THE APPLICANT/RESPONDENT/RESPONDENT.

[2014]DLSC4548
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													<main id="main" class="content" style="min-height: 60rem" >THE
REPUBLIC<o:p></o:p>vs.<o:p></o:p>NII
ADAMAH THOMPSON AND 10 OTHERS<o:p></o:p>(APPELLANTS)<o:p></o:p>EX- PARTE; NII TETTEH
AHINAKWA II (RESPONDENT)<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL No J4/46/2010&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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;16TH JANUARY, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>NII AKWEI BRUCE-THOMPSON&nbsp;&nbsp; FOR THE RESPONDENTS/APPELLANTS/ APPELLANTS.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>J.
V. M.&nbsp; DOTSE JSC (PRESIDING), ANIN YEBOAH
JSC, P. BAFFOE-BONNIE JSC, N. S.&nbsp;
GBADEGBE JSC, A. A.&nbsp; BENIN JSC<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormalCxSpMiddle" align="center" style="text-align:center;border:none;
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padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>BENIN,
JSC:<o:p></o:p>This matter involves
persons all of who belong to the Gbese Division of the Ga State. So it’s like a
house divided upon itself, which is quite unfortunate. It’s one of the numerous
chieftaincy problems that continually bedevil a lot of communities in this
country, with the result that development suffers because the leadership is disunited
and for that reason they are unable to mobilize the people at the grassroots.
At the end of the day there is no winner, for whoever succeeds in the protracted
litigation will still need support of all in order to rule. Why then do they
fight among themselves? The answer to this question posed is not easy to find,
except that the various factions believe, rightly or wrongly, that either side
wants to cheat the other, or trample on their rights. It is in pursuit of their
rights in the family or clan that the parties go to court to seek redress, not
counting the cost of litigation. And the various courts or tribunals do not
make matters any easier by oftentimes unduly delaying the matter. But as the
saying goes, there is a pot of gold at the end of the rainbow, so the parties
will fight to the bitter end, hoping one of them will mount the stool
eventually. <o:p></o:p>This is one of such cases
wherein the parties have contested the occupancy of the Gbese Stool in the Ga
State since 1980, thirty-three years now. We would have wished this decision we
are about to render will end the dispute but, as we shall shortly demonstrate,
it may not.<o:p></o:p>The action began at the Ga
Traditional Council (GTC) when the original petitioner/plaintiff, Nii Tetteh
Ahinakwah II, suing as the head of Naa Onidin Akera/Akote Krobo Saki We family,
sought the intervention of the GTC to declare his faction as the rightful
persons to occupy the Gbese stool, and for a declaration that the nomination,
installation and enstoolment of the defendant, Nii Ayitey Agbofu II, as Gbese
Mantse was null and void. He also sought recovery of stool property in the
defendant’s custody. The defendant challenged the petitioner/plaintiff’s
capacity to sue. The petitioner/plaintiff passed away and one Francis Nii
Ayikai, who claimed to have been elected the new head of family, applied to the
GTC to be substituted for the late petitioner/plaintiff. This request, together
with some other reliefs he sought did not find favour with the GTC. He appealed
to the Greater Accra Regional House of Chiefs (GARHC) which allowed the appeal
on 19th June 1985. All the foregoing facts have been gathered from
the final judgment of the Judicial Committee of the GARHC, hereinafter called
the Committee, dated 17th February 2003.<o:p></o:p>The record indicates that
following the resolution of the appeal by the GARHC the matter was not returned
to the GTC for same to be continued there, as one would normally expect.
Instead the GARHC, with the consent of both lawyers, assumed original
jurisdiction over the matter, heard evidence and delivered judgment. This is
the relevant part of the judgment of the Committee: <o:p></o:p>“This is the proper forum because the
dispute centred around a divisional stool in Greater Accra Region……..At the
request of the two Counsels, the Judicial Committee of the Regional House of
Chiefs agreed to hear the substantive case under section (sic) 23(3) of C.I.
27…………..In the circumstances we find our way clear and proceed to declare the
nomination, election and installation of the first defendant/respondent, Nii
Ayitey Agbofu II, null and void and of no legal consequence. As a corollary we
order that the Gbese Stool should be handed over to the elders of the third
ruling house for the purpose of installing their candidate and the incumbent
should give vacant possession of all immovable property to his successor-in-office.”<o:p></o:p>Subsequent to this
judgment several applications, notably for contempt, have been made, mostly in
the Superior Courts. It is not necessary to recall these applications, except such
as are relevant in this appeal. For our present purposes it suffices to state
that the applicant, the respondent herein, alleged that the then respondents,
the appellants herein, have failed and/or refused to comply with the terms of
the orders issued by the Committee, which we quoted above. The appellants
asserted otherwise claiming to have complied with the orders by handing over
the properties on 10th September 2006. The respondent commenced contempt
proceedings against the appellants at the High Court seeking ‘a joint and
several order committing the above-named respondents and each of them to prison
for their contempt of the judgment and final
short order of the Judicial Committee of the Greater Accra Regional House
of Chiefs, Dodowa, dated the 17th day of February 2003……’ (The
emphasis is supplied). That application was placed before Dzakpasu J. It must
be pointed out that before the application for contempt went to the High Court
presided over by Dzakpasu J. the respondent had brought another contempt
application against the first six appellants herein which was heard by another
High Court presided over by Lartey-Young J. who found them guilty and convicted</main>