REPUBLIC vs. OGYEAHOHO YAW GYEBI AND CHARLES KWABENA FRIMPONG [2017]DLSC2674

Date	2017-10-18
Suit No.	CIVIL APPEAL NO. J4/54/2016
Citation No.	[2017]DLSC2674

AKUFFO (MS) CJ PRESIDING

DOTSE JSC

BAFFOE-BONNIE JSC

GBADEGBE JSC

PWAMANG JSC

NANA OBIRI BOAHEN FOR THE RESPONDENTS/ APPLICANTS/APPELLANTS/ APPELLANTS.

CHARLES OWUSU ANSAH FOR THE APPLICANT/RESPONDENT /RESPONDENT / RESPONDENT.

[2017]DLSC2674
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC<o:p></o:p>vs.<o:p></o:p>OGYEAHOHO YAW GYEBI AND
CHARLES KWABENA FRIMPONG<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<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">

CIVIL APPEAL NO. J4/54/2016&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;
DATE:
18TH OCTOBER, 2017<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>NANA
OBIRI BOAHEN FOR THE RESPONDENTS/ APPLICANTS/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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CHARLES
OWUSU ANSAH FOR THE APPLICANT/RESPONDENT /RESPONDENT / 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;
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AKUFFO (MS) CJ PRESIDING, DOTSE JSC, BAFFOE-BONNIE
JSC, GBADEGBE JSC, AND PWAMANG JSC<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGEMENT<o:p></o:p>

</div>PWAMANG, JSC:-<o:p></o:p>The facts giving rise to this interlocutory appeal
are that on 28/7/97 four persons in their capacities as kingmakers of Bibiani/Krotohene
Stool under Sefwi Anhwiaso paramouncy in the Western Region filed destoolment
charges in the Judicial Committee of the Sefwi Anhwiso Traditional Council
against the occupant of the Bibiani/Krontihene Stool in the person of
applicant/respondent/respondent, hereafter referred to as respondent. The Judicial
Committee of the Sefwi Anhwiaso Traditional Council delivered a judgment on 9/9/1999
upholding the charges levelled against the respondent, destooled him and
ordered him to hand over all stool properties to the Akwamuhene, one of the
Petitioners, to take care of them until a substantive chief was installed.
However, on 16/9/1999 the respondent filed an appeal in the Judicial Committee
of the Western Regional House of Chiefs against the decision of the Judicial
Committee of the Sefwi Anhwiaso Traditional Council. On 3rd August, 2004 the
Judicial Committee of the Western Regional House of Chiefs delivered judgment
in the appeal and held that the trial before the Judicial Committee of the
Sefwi Anhwiaso Traditional Council was fraught with such inconsistencies that
it could not stand as a decision worthy of acceptance. They proceeded to allow
the appeal, set aside the judgment of the Judicial Committee of the Sefwi
Anhwiaso Traditional Council and ordered a retrial with an entirely new panel
which shall sit at a neutral venue, preferably Bibiani. This decision has not
been set aside either on appeal or otherwise and it appears from the record
that there has been no retrial.<o:p></o:p>On the back of the judgment of the Judicial
Committee of the Western Regional House of Chiefs, respondent filed a motion on
notice in the High Court, Sefwi Wiawso in October, 2012 praying for the
committal of the respondents/appellants/appellants, hereafter referred to as
appellants, for contempt of court alleging they had continuously disregarded
and disobeyed the judgment of the Judicial Committee of the Western Regional
House of Chiefs which judgment he brought to their notice specifically. In
respondent's affidavit in support of his motion for contempt he deposed to
conduct on the part of the appellants which he claims amounts to contempt of
court. <o:p></o:p>Upon service of the motion on the appellants they
filed individual affidavits in opposition on 23/11/12. The 1st appellant, who
is the paramount chief of Sefwi Anhwiaso and President of the Sefwi Anhwiaso
Traditional Council, in his affidavit stated that the respondent is not the
chief of Bibiani and that it is misleading and fraudulent for him to so depose
in his affidavit in support. He said that 2nd appellant was introduced to him
as the chief of Bibiani by the kingmakers so, to him, unless the court
determined who was the chief of Bibiani, it could not decide the issue of the
contempt. In any event, he denied showing disrespect to the Judicial Committee
of the Western Regional House of Chiefs. 2nd appellant in his affidavit deposed
that he had been customarily selected, nominated and enstooled as the chief of
Bibiani and, per paragraph 12 of his affidavit, this took place in October 1999
after the respondent lost his case in the Sefwi Anhwiaso Traditional Council.
He said that it is he and not the respondent who is the chief of Bibiani and
that the whole application related to a cause or matter affecting chieftaincy
so his lawyer would object to the jurisdiction of the court. He nevertheless
also denied showing disrespect and disregard or looking down on the judgment of
the Judicial Committee of the Western Regional House of Chiefs.<o:p></o:p>In line with the hint in their affidavits in
opposition, the appellants brought an application to set aside or dismiss the
motion for attachment on the grounds that it did not disclose a cause of action
against the appellants and secondly it was a cause or matter affecting
chieftaincy over which the High Court lacked jurisdiction. This application was
dismissed by the High Court on 19/12/14 and appellants appealed to the Court of
Appeal. On 28th October, 2015 the Court of Appeal unanimously dismissed the
appeal wherefore the appellants further appealed to this court. <o:p></o:p>We have perused the record of appeal, attended to
the written statements of case of the parties and given consideration to the
appellants' grounds in objecting to the determination of the motion on notice
for contempt on its merits. The appellants claim that the 2nd appellant is a
rival chief installed after the destoolment of respondent but the record before
us shows that the notice of appeal against the decision of the Judicial
Committee of the Sefwi Anhwiaso Traditional Council was filed on 16/9/1999
whereas 2nd appellant was purportedly enstooled in October, 1999. By the
provisions of section 27 of the Chieftaincy Act, 1971 (Act 370), the
decision destooling the respondent was stayed by the filing of the notice of
appeal on 16/9/1999 so any status of Chief purportedly acquired by 2nd
appellant in apparent violation of the statute cannot turn this matter into a
cause or matter affecting chieftaincy. In his supplementary affidavit in
support of the motion for attachment for contempt, respondent deposed that 2nd
appellant was aware of the appeal against the decision of the Judicial
Committee of the Sefwi Anhwiaso Traditional Council and was part of those who
represented the petitioner</main>