THE REPUBLIC V. ASANTEHENE NANA OSEI TUTU II AND THE ASANTEMAN COUNCIL EX-PARTE: ABUSUAPANIN OWUSU SEKYERE AFRIYIE AND ASINIEHENE NANA KWAME YAMOAH II

RULING

OWUSU J.A.

At the hearing of an application for interlocutory injunction pending appeal, Counsel for the Respondents raised a preliminary objection to the competency of the application before the Court.

The applicants are praying for an Order to restrain the Respondents and the Interested Parties Abusuapayin Isaac Kofi Boateng (Head of the Tiwaa branch of the Agona stool family) and Dr. Akwasi Berko and any of them, their servants, agents, privies who so ever or otherwise howsoever from taking any step whatsoever in or toward the implementation of the decision dated 5th day of February, 2004 in the Agona (Ashanti) Chieftaincy Dispute pending the hearing and determination of the appeal filed on the day of 2004 against the ruling of Justice W. Kpentey dated the 12th day of October 2004.

In the body of the motion, the day on which the said appeal was filed had not been stated. The notice of appeal however indicates that the appeal was filed on 18th October 2004.

The Applicants had in t…