Nana Kissi Boadu Toasakyi, Nana Osei Antwi Boasiako, Samuel Boamah Danso, Nana Osafo Kantanka II and Nana Osei Tutu Ababio have been ordered by a Koforidua High Court to vacate the Nkwatia Palace today.
The court, presided over by Justice Gifty Dekyem, gave the five, who were Respondents in a contempt application, three days to vacate the Nkwatia Palace.
Per the court’s order, the three days would end at midnight of today, June 5, 2023.The court further awarded cost GH¢20,000.00 against the Respondents.
The order follows a contempt application filed against them in gross disrespect of ruling of the Judicial Committee of the Eastern Regional House of Chiefs.
The instant application was initiated by Nana Agyekum Benefo II, Nana Akuamoah Dwamena II, Nana Obuor Gyan II, Nana Kissi Boadu II, Nana BaahOware II, Nana OpuniDanso and Nana Yaw Asante.
According to the Applicants, the Respondents installed Nkosuohene, which was followed by a press conference at Nkwatia, in defiance of the Judicial Committee’s orders.
Meanwhile, the court held that the Respondents were aware of the terms of the order restraining them from having anything to do with the Palace, pending the determination of an appeal.
Hitherto, the court noted that there was no evidence suggesting the determination of the appeal against the Committee’s order on March 24, 2021.
The court said even if the appeal was determined, there was no evidence to suggest that the order of March 24, 2021 had been set aside or declared invalid when the respondents held an installation ceremony and a press conference on 30th October, 2021 at the Palace, contrary to the terms of the order.
In respect of the above, the court added that the Respondents’ actions were not made in good faith, adding “They simply turned a blind eye to the order and did what they were restrained from doing. This can only be a wilful disobedience of the order.”
According to the court, it is satisfied that the applicants have adduced evidence to prove their case beyond a reasonable doubt.
Thus, they have demonstrated that there was an order, which the Respondents knew what they were restrained from doing, and that they (respondents) failed to comply with the terms of the order and that the disobedience was wilful.
It said although the Respondents put up a defence that their conduct was consistent with the 3rd Respondent’s (Samuel Boamah Danso) function as a chief that could not prove their case beyond a reasonable doubt.
The court also dismissed the respondents’ claims that the court has no jurisdiction over the instant case, as well as the Applicants lacking capacity to institute the suit.
However, the court did not grant the Applicants prayer to commit the Respondents to prison for wilful defiance and disobedience of the ruling of Judicial Committee.
Nevertheless, the court held that the Applicants succeeded in this action, adding the Respondents are liable for contempt.
“Respondents undertake to purge themselves by vacating the Nkwatia Palace. Respondents are hereby ordered to vacate the Nkwatia Palace within 3 days, ending midnight on Monday June 5, 2023. Costs of GH¢20, 000.00 is awarded against Respondents,” it stated.
