The Supreme Court (SC) on Wednesday “quashed” a High Court order restraining Barima Kumi Akyeaw III, the Chief of Abesim and Kyidomhene (sub-chief) of the Dormaa Traditional Area in the Bono Region, from conducting himself as a chief.
On April 30, 2024, the plaintiff, Obaapanin Yaa Donkor of the Abenaa Twumwaa lineage of the Abesim Dominase Royal Family, filed a suit at the Sunyani High Court to restrain Barima Akyeaw III from holding himself as chief of Abesim.
Before that, the plaintiff challenged the legitimacy of the enstoolment of Barima Akyeaw III, which was pending before the Judicial Committee of the Dormaa Traditional Council.
Accordingly, the court presided over by Justice Nathan P. Yarney granted the application and restrained Barima Acheaw III until the Judicial Committee of the Dormaa Traditional Council makes its final determination.
Not satisfied with the High Court decision, Barima Akyeaw III subsequently filed for certiorari at the Supreme Court to nullify the decision of the High Court.
The Supreme Court on Tuesday quashed the decision of the High Court in Sunyani to restrain Barima Acheaw.
“We are satisfied that the substantive matter in the case before the High Court was a matter relating to and affecting chieftaincy. That being so, the High Court had no jurisdiction to hear the matter.
“The application is granted. The ruling of the High Court dated 26th March 2023 is to be brought before this Court to be quashed. It is accordingly quashed.”
The order, which was made available to the Ghana News Agency (GNA) in Sunyani, contains Abusuapanyin Kwadwo Ameyaw and Obaapanin Yaaa Donkor as interested parties and the panel of the court, including Justices A. Lovelace-Johnson (presiding), I O Tanko Amadu, E Yonny Kulendi, E Y Gaewu, and Y Darko Asare.
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