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HACKMAN AND OTHERS V. OBRESI V. AND OTHERS

(1980) JELR 69546 (HC)

High Court  •  25 Sep 1980  •  Ghana

Coram
TWUMASI J.

Judgement

TWUMASI J.: This is an application for an order of interim injunction in the nature of quo warrant to restrain the defendants from celebrating an annual festival at Otuam. The major burden of this proceeding, is to inquire whether or not there is a chief at Otuam in the Ekumfi Otuam Traditional Area. The plaintiff in this case contends that there has been no chief at Otuam since the death of Nana Ewusi Kwansa XIII, the former occupant of the Otuam stool. The defendants deny this allegation. Pending the final determination of the suit, the plaintiff seeks an interim injunction to restrain the defendants from celebrating the annual festival of Otuam known as the Akwambo festival. One fact which is judicially noticed is that in the traditional set-up of this country. The celebration of a festival is an important customary function in which the chief of the area concerned plays a vital and an indispensable role. He has a very sacred role to play in the performance of customary rites. The …

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