BY JOSEPH NANA YAW COBBINA
After the announcement of newly installed legitimate occupant of the black stool an injunction application was file by Numo Adjei Kwanko II of osabu Klemusum wulomo who tried to challenge the legitimacy of GBETSOOLO NII ASHITEY AKOMFRA III in Court, backfires.
On Wednesday 10th February,2015 before his lordship Justice A.K Yeboah of the authomated fast track court for which Numo Adjei Kwanko II is applying for an restraining order in the nature of injunction to stop the respondents from installing the 2nd respondent as a chief of Teshie.
For which he believed essentially it is to prevent a breach of public order. However,Justice A.k Yeboah emphasis to the fact that the respondents particularly 1st ,2nd ,3rd ,8th and 10th respondents have their counsel raising preliminary legal objection to the application filed.
According to him, haven heard all counsel on the preliminary legal objection,and he in of the view that the present application is not cognizable under our laws.Counsel for the applicant has clearly stated that on the face of the application the he invokes the jurisdiction of the court under order 25 rule 1 of C.I.47?he lamented.
This procedural rule deals with interlocutory injunction and prevention.What the term interlocutory means has been clearly explained in the case of Vanderpuije vs Akwei (1971)1GLR 242 HC per Hayfron Benjamin J.Such an application must depend on cause of action.It can never be stand alone process.
This court has no jurisdiction to entertain an interlocutory application for a restraining order which in fact seeks on injunction order in the absence of substantive action.see order 25 r 1(2) of C.I.47.
He explained further he agree with counsel for the application that this court is bereft of the jurisdiction to entertain chieftancy cause or matter which is what this matter is clearly about.
He however,of the view that the judicial committee invested with jurisdiction to entertain causes and matters affecting chieftancy have the jurisdiction.In any case, I am at a loss why counsel would not want to seek the assistance of Ghana Police under the Public Order Act.
In the end,I have no other option than to strike out the application as incompetent and irregular.the same is struck out accordingly.
The case which was presided over by Justice (SGD) A. K. Yeboah handed award cost 0f GH500.00 cedis for each respondents and against the applicant.