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THE REPUBLIC VRS. OPANYIN KWAME BOAMAH

(2011) JELR 106907 (SC)

Supreme Court  •  CIVIL APPEAL NO: J4/3/2011  •  27 Jul 2011  •  Ghana

Coram
AKUFFO (MS.), JSC (PRESIDING) ADINYIRA (MRS), JSC YEBOAH, JSC GBADEGBE, JSC A. BAMFO (MRS.), JSC

Judgement

J U D G M E N T


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, …

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