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THE REPUBLIC
V.
OPANIN KWAME BOAMAH EX-PARTE: KWAKU AMPONSAH

(2011) JELR 68528 (SC)

Supreme Court 27 Jul 2011 Ghana
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- This case involves an appeal from a contempt application that was confirmed by the Court of Appeal and the High Court. - The dispute arose from the nomination of a successor to a vacant stool in the Agogo Traditional Area. - The responden

Case Details

Suit Number:CIVIL APPEAL NO. J4/3/2011
Judges:AKUFFO (MS.)JSC (PRESIDING), ADINYIRA (MRS) JSC, YEBOAH JSC ,GBADEGBE JSC, A. BAMFO (MRS.) JSC
Counsel:GODFRED YEBOAH-DAME FOR THE 1ST AND 3RD RESPONDENTS/ APPELLANTS/ APPELLANTS, KENNETH AGYEMANG-ATTAFUAH, WITH HIM MARTIN KPEBU FOR THE APPLICANT/ RESPONDENT/ RESPONDENT.

JUDGMENT

ANIN-YEBOAH JSC

This is an appeal from the judgment of the Court of Appeal that confirmed the previous decision of the High Court, Kumasi in a contempt application. For the sake of convenience, in this judgment, we refer to the applicant in the trial High Court as the respondent and the respondents in the trial court as the appellants. The circumstances in which the contempt application was taken out by the respondent in the High Court are these. Following the death of Nana Kwaku Affum, the Akwamuhene of Agogo Traditional Area, the stool became vacant and therefore it became necessary for the kingmakers to find a successor. In his capacity as the head of family, the respondent herein nominated one Nana Adu Asabre whiles the second appellant nominated the first appellant herein.

At a meeting held subsequently to elect the successor to the stool from the two nominees, the kingmakers agreed to determine their choice by the casting of votes. Out of the sixteen votes cast, the majori…

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