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15.03.2013 Chieftaincy

Wassa Fiase Chieftaincy Dispute Comes To An End?

By Ghanaian Chronicle
Wassa Fiase Chieftaincy Dispute Comes To An End?
15.03.2013 LISTEN

THE 11-year chieftaincy dispute between the sitting paramount Chief of the Wassa Fiase Traditional Council (WFTA), Osagyefo Kwamina Enimil III, and the deposed paramount chief of the same traditional area, Odeneho Akrofa Krukoko, seems to have come to an end.

The situation is sequel to the Supreme Court's dismissal of an application for an order of interlocutory injunction to restrain Osagyefo Kwamina Enimil III from holding himself out as the incumbent paramount chief of Wassa Fiase.

The motion for the interlocutory in junction was filed by Odeneho Akrofa Krukoko and has the National House of Chiefs (NHC) and Osagyefo Kwamina Enimil III as both the respondent and interested party respectively.

The dismissed motion had prayed the Supreme Court to restrain Osagyefo Enimil III from holding himself out as Omanhene of WFTA, member of the Western Regional House of Chiefs, as well as member of the National House of Chiefs, until the final determination of the suit challenging Osagyefo Enimil III's eligibility for the stool.

But the Supreme Court, presided over by Justice Atuguba dismissed the motion brought by the applicant on the ground that he failed to ask for the aforementioned relief since his destoolment in 2002.

For this reason (over delay), the Supreme Court Judges, including Justice S. O Adinkra, P. Baffoe Bonnie, K. S Gbadegbe and V Akoto Bonnie dismissed the applicant application.

OdenehoKrukoko was destooled as Paramount Chief of Wassa Fiase in 2002 upon his committal to prison for contempt of Court. Osagyefo Enimil III was consequently enstooled to replace him.

The applicant was also sued at the Western Regional House of Chiefs (WRHC) by the kingmakers of the WFTA, seeking a declaration that the latter was no longer the Omanhene of the WFTA and as such should cease from holding himself out as such.

The applicant failed to file any response or defence and did not partake in the proceedings of the WRHC despite the opportunity extended to him to do so. The plaintiff in the said case at the WRHC led evidence upon which the reliefs sought by the kingmakers were granted against the applicant.

Undaunted, the applicant applied to the High Court in Kumasi for a mandamus directed at the NHC to remove the name of Osagyefo Enimil III from the Register of the Chiefs and insert his (applicant) name  therein.

The High Court dismissed the application following which the applicant sought the intervention of the Court of Appeal.  The Appeal Court also dismissed the applicant's application, affirming that the High Court ruling that the matter in question was a cause or matter affecting chieftaincy over which the ordinary Courts have no jurisdiction.

The five-member Supreme Court panel that dismissed the applicant's application relied on the ruling of the WRHC to dismiss the application for interlocutory injunction.

The five judges said that it was trite law that a judgement of even the lowest court of competent jurisdiction was binding on the parties and could be pleaded as res judicata in all courts. What that meant was that the WRHC judgement against the applicant was prima facie evidence against his claim.

For this reason, the Supreme Court held that if it is right to grant an injunction to protect a person with a prima facie right to the res litiga, it could not be right to grant an injunction to the prejudice of the Interested Party, who has a prima facie right to act as the Omanhene of the WFTA by dint of the aforementioned judgement of the WRHC.

 

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