THE REPUBLIC vs. OPANIN F.O. OSEI & 8 OTHERS. EX PARTE; ABUSUAPANIN SAMUEL ODOI & 3 OTHERS [2017]DLCA5330

THE REPUBLIC vs. OPANIN F.O. OSEI & 8 OTHERS. EX PARTE; ABUSUAPANIN SAMUEL ODOI... [2017]DLCA5330

Date	2017-10-25
Suit No.	SUIT NO. H1 / 03 / 2017
Citation No.	[2017]DLCA5330

DENNIS ADJEI J PRESIDING

CECILIA SOWAH J.A

L. L. MENSAH JA

FRANK YAKUBU FOR APPLICANTS/RESPONDENTS

FRANK GEORGE DONKOR ESQ. FOR 2ND 4TH

5TH AND 7TH RESPONDENTS/APPELLANT

[2017]DLCA5330
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
color:#00B0F0">THE REPUBLIC<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:
&quot;Times New Roman&quot;;color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Times New Roman&quot;;mso-bidi-font-family:&quot;Times New Roman&quot;;
color:#00B0F0">OPANIN F.O. OSEI &amp; 8 OTHERS.<o:p></o:p>(RESPONDENTS
/ APPELLANTS)<o:p></o:p>EX
PARTE; ABUSUAPANIN SAMUEL ODOI &amp; 3 OTHERS (APPLICANTS/ RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, KOFORIDUA]<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">

SUIT NO. H1 / 03 / 2017&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;25TH
OCTOBER, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FRANK
YAKUBU FOR APPLICANTS/RESPONDENTS<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">

FRANK
GEORGE DONKOR ESQ. FOR 2ND, 4TH, 5TH AND 7TH
RESPONDENTS/APPELLANT<o:p></o:p>

</div>CORAM: <o:p></o:p>DENNIS
ADJEI J&nbsp;PRESIDING, CECILIA SOWAH J.A, L. L. MENSAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ADJEI JA:<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;The
High Court, Koforidua on 2nd June, 2014 convicted the 2nd, 4th and 5th
Respondents for contempt and sentenced each of them to a fine of GH¢1,000.00 or
6 months I.H.L. The convicts dissatisfied with the conviction and sentence
imposed on them by the trial High Court filed an appeal against both conviction
and sentence to this Court. The notice of appeal against the conviction and
sentence was filed on 20th June, 2014. In this appeal, the 2nd, 4th and 5th
Respondents before the trial High Court are the Respondents/Appellants. The
Applicants before the trial High Court are the Applicants / Respondents. For
easy reference in this appeal, the Respondents/Appellants shall maintain their
respective designations before the trial High Court as Respondents and the
Applicants /Respondents as Applicants. The 6th Respondent before the trial High
Court was convicted and sentenced by that Court and did not appeal against his
conviction. 
 
<o:p></o:p>The
brief facts of the case before the trial High Court which culminated in this
appeal were that the applicants filed a petition against the 4th Respondent and
the 1st,2nd,3rd and 5th Respondents
herein at the Judicial Committee of the Akwamu Traditional Council in April,
2008 claiming, inter alia, a declaration that the stool in the possession of
the petitioners therein is the original Gyansere Stool , and an order declaring
the installation of the 4th Respondent herein as Gyansere null and void . The
Applicants in their supporting affidavit to the application for contempt
deposed that they belong to the Royal Aduana Amoakware Family of Akwamu and it
is the only family which occupies the Kyidom Stool of Akwamu. They further
deposed that the stool name " Gyensere" is the title exclusively used
by the occupants of the Kyidom Stool of Akwamu&nbsp;Traditional Council but the
Respondents have conferred the title "Gyensere " on the 4th
Respondent who hails from a different family and occupies the Pianko Stool and
therefore not eligible to assume that stool title preserved for the Respondents
Royal Family. The 6th Respondent was the registrar of Akwamu Traditional
Council who submitted the name of the 4th Respondent to the National House of
Chiefs to be gazetted with the stool name " Gyensere" when it was alleged
that there was a pending suit pending before the Judicial Committee of the
Akwamu Traditional Council as to whether or not the 4th Respondent is eligible
to use that title or that. The 7th Respondent was the acting President of the
Akwamu Traditional Council and he together with the 6th Respondent wrote to the
Eastern Regional House of Chiefs and the National House of Chiefs to register
and gazette the 4th Respondent with the stool title Gyensere. The Applicants
did not depose to the specific roles played by the 1st, 2nd, 3rd, 5th and 8th
Respondents but the Applicants in their paragraph 12 of the supporting
affidavit deposed that they were fully aware of the petition filed before the
Judicial Committee of the Akwamu Traditional Council and were the 1st, 2nd, 3rd
and 5th Respondents respectively therein and should not have applied for the
4th Respondent to be gazetted with the stool name Gyensere. All the Respondents
denied the fact that they were in contempt of the proceedings pending before
the Judicial Committee of the Akwamu Traditional Council in their respective
affidavits in opposition filed before the trial High Court. 
 
<o:p></o:p>The
trial High Court convicted the 2nd, 4th 5th and 7th, Respondent for contempt
and sentenced them accordingly. The 2nd, 4th and 5th Respondents dissatisfied
with their conviction and sentence filed two grounds of appeal against both
conviction and sentence. The grounds of appeal are as follows: 
&nbsp;<o:p></o:p>