Kwahumanhene served with substituted service in contempt case brought against him  

 Mr. Kwabena Boye Agyekumhene, the Counsel for and on behalf of Opanin Kwaku Baah (plaintiff), has obtained an order for substituted service to be served on Daasebre Akuamoa Agyapong II, the paramount chief of Kwahu Traditional Area.

Opanin Kwaku Baah and Opanin Kwabena Agyei, who have filed contempt charges against the Omanhene at the Nkawkaw High Court have failed to serve the paramount chief with the writ, hence the recourse to the substituted serve.

A bailiff attached to the High court at Nkawkaw, Mr. Jaggah Reginald, has since the 10th day of February, 2023 posted a copy of the contempt process at the chief’s palace at Abene, the office of Kwahu Traditional Council at Mpraeso and on the noticeboard of the High Court.

Background

Opanin Kwaku Baah and Opanin Kwabena Agyei, representing Daasebre Mampong Agyei have filed a writ at the Nkawkaw High Court, citing the Kwahu Traditional Council, Daasebre Akuamoa Agyapong II, National Commission of Culture and Isaac Bright Botwe (defendants) for contempt of court.

In that writ, the plaintiffs prayed to the court to commit the respondents to prison for contempt of the court.

According to the plaintiffs, they want the respondents punished for wilfully interfering with a fair trial and undermining the administration of justice and upon the grounds set out in the accompanying affidavit, and for any further order(s) as the court may seem to meet upon the grounds contained in the accompanying affidavit.

The following is the statement of claim accompanying the writ filed on December 13, 2022:

I, KWAKU BAAH of 10 McCarthy Hill, Accra, do solemnly and sincerely make an oath and say as follows;

1. That I am the deponent and 1st Applicant herein.
2. That I have the authority of the 2nd Applicant to swear to this affidavit information within my personal knowledge and belief by reason of my position as the 1st Plaintiff in the instant suit unless the contrary is stated.
3. That at the hearing of the application, my Counsel shall refer to all processes filed so far in this matter as if the same has been sworn to and reproduced herein.
4. That I instituted an action against the Respondents on the 12th day of April, 2022 in a suit titled OP.KWAKU BAAH & Other vrs KWAHU TRADITIONAL COUNCIL & 4 OTHERS Suit No. 610/03/2022 for the reliefs therein.
5. That specifically, as part of my reliefs in the said suit, I sought to pray the court to place an injunction restraining the Respondents by themselves, servants, agents, and cohorts however described from launching a purported ‘Kwahu State Book’.
6. That I say that the Respondents who were served with the writ of summons were, therefore, in full knowledge of our opposition to the launch of the said book.
7. That I say that surprisingly and in a complete act of insubordination to the powers of the court, the Respondents caused their lawyers to write a notice to the general public to disregard any suit that has been brought against the launch of the book and that there was no injunction order placed on the same.
8. That true to their words and whilst the Applicants’ suit was yet to be determined, the Respondents went ahead and launched the said book with pomp and pageantry, where the President of the Republic was present.
9. That indeed, the Respondent’s conduct if not punished, is one that has the real likelihood of undermining the administration of justice and such impudence towards the judiciary must not be entertained.
10. That in the circumstances I pray for an order committing the Respondents for contempt in the manner prayed on the motion paper.