King Tackie Tawiah II
An Accra Fast Track High Court judge hearing a contempt case filed by King Tawiah III against his main contender, Nii Adama Latse and six others will on March 5 give a verdict on whether to direct the respondents to the Court of Appeal to have their application for stay of proceedings heard or hear them himself.
Justice NMC Abodakpi adjourned the matter for ruling after both lawyers in the matter argued on the appropriate forum where the application for stay of proceedings pending appeal should be.
This is in a substantive contempt case filed by King Tackie Tawiah III against his main contender Nii Latse and six others for allegedly disobeying the decision of the Judicial Committee of the Greater Accra House of Chiefs.
The House of Chiefs refused to stop King Tawiah from holding himself as Ga Mantse till the final determination of the matter.
Counsel for the applicants, Dr. Josiah Aryee, who moved the application for the matter to be heard by His Lordship, yesterday told the court it was only the Attorney General (AG) that had the capacity to bring an action against the respondents but not the applicant, King Tawiah.
He noted that there was an issue of perjury involved in the case because the court was lead to believe that there was an issue before the Greater Accra House of Chiefs against Nii Latse.
He noted that the court had an inherent jurisdiction to ensure that justice was done and the ability to control its own process and prayed the court to grant the application.
However he did not cite any authority to support the case.
Mr. Ayikoi Otoo, counsel for the applicant, in his response, told the court that the Court of Appeal was the appropriate place for the application to be heard and cited authorities to support his case.
According to him, the mandate had now been given to the Court of Appeal to hear such applications and prayed the court to not to grant the application.
The judge afterwards adjourned the ruling to March 5, 2012.
The judge, at the last hearing, issued a bench warrant for the arrest of Nii Yaote Otoga, one of the seven Ga chiefs and elders who were dragged to court by the applicant.
This was after he failed to appear before the court to respond to the contempt application.
Nii Otoga did not notify the judge about his inability to appear before the court.
Dr. Josiah Aryeh, counsel for the respondents Nii Adama Latse, who was also enstooled as Ga Mantse, Nii Yaote Otoga, Yaya Addey, Sakumo Wolomo, Nii Armakai, David Tackie Commey and the Gbese Mantse informed the court that he had filed an application for stay of proceedings of the contempt hearing because they had appealed against the judge’s ruling.
The trial judge ruled that the plaintiff could bring an action against the respondents.
The case has consequently been adjourned to February 29, 2012 for further hearing.
The respondents, in their application, said the plaintiff, known in private life as Jo Blankson, had no capacity to bring an action against them because he had not been recognised by everyone as the rightful King.
According to him, the refusal of the Greater Accra House of Chiefs to stop King Tackie Tawiah from holding himself as the Ga Mantse did not mean that his position had been recognized.
The respondents asked him to prove that he had the locus standi to bring an action against them.
By Fidelia Achama
