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13th February, 2012
Accra High Court Dismisses Injunction In Osu Chieftaincy Case
An Accra High Court on Thursday, dismissed an interlocutory injunction application filed by Nii Nortey Owuo III a claimant of the Osu Stool seeking to prevent Nii Okwei Kinka Dowuona VI from holding himself as the Osu Mantse and four others for supporting his claim.
The others were the Ga Traditional Council, Nii Dodoo Nsaki III, Otublohum Mantse, Greater Accra Regional House of Chiefs and National House of Chiefs.
Nii Owuo was seeking an order to restore him to the National House of Chiefs as Osu Mantse and for a perpetual injunction retraining each of them, whether by themselves, their servants, agents, privies or otherwise, from holding Nii Dowona as the Osu Mantse.
Dismissing the writ, the court, presided over by Mr Justice Charles A. Wilson, quoted section 57 of the Courts Act, (Act 459) which provides that, the High Court has no jurisdiction to entertain matters concerning chieftaincy.
He said the jurisdiction over chieftaincy matters had been invested in the judicial committees of the various houses of chiefs to determine.
Mr Justice Wilson explained that even the court has jurisdiction to grant an injunction to maintain the status quo, an injunction pending trial will be close to granting an ultimate remedy because by the plaintiff’s writ, he wanted the court to rule that he has the right to occupy the Osu stool as the Osu Mantse”
He said such an order will compromise the fair determination of issues as to who has the right or does not have the right to occupy the Osu stool by the Ga Traditional Council and the Greater Accra House of Chiefs.
Mr Justice Wilson maintained that this is not a case over which the High Court should exercise jurisdiction and that the Ga Traditional Council and the Greater Accra House of Chiefs clearly were the appropriate forum for this course of action.
The court awarded cost of GH¢1,000 to the defendants.
The others were the Ga Traditional Council, Nii Dodoo Nsaki III, Otublohum Mantse, Greater Accra Regional House of Chiefs and National House of Chiefs.
Nii Owuo was seeking an order to restore him to the National House of Chiefs as Osu Mantse and for a perpetual injunction retraining each of them, whether by themselves, their servants, agents, privies or otherwise, from holding Nii Dowona as the Osu Mantse.
Dismissing the writ, the court, presided over by Mr Justice Charles A. Wilson, quoted section 57 of the Courts Act, (Act 459) which provides that, the High Court has no jurisdiction to entertain matters concerning chieftaincy.
He said the jurisdiction over chieftaincy matters had been invested in the judicial committees of the various houses of chiefs to determine.
Mr Justice Wilson explained that even the court has jurisdiction to grant an injunction to maintain the status quo, an injunction pending trial will be close to granting an ultimate remedy because by the plaintiff’s writ, he wanted the court to rule that he has the right to occupy the Osu stool as the Osu Mantse”
He said such an order will compromise the fair determination of issues as to who has the right or does not have the right to occupy the Osu stool by the Ga Traditional Council and the Greater Accra House of Chiefs.
Mr Justice Wilson maintained that this is not a case over which the High Court should exercise jurisdiction and that the Ga Traditional Council and the Greater Accra House of Chiefs clearly were the appropriate forum for this course of action.
The court awarded cost of GH¢1,000 to the defendants.
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