Crime & Punishment of Thursday, 30 April 2015

Source: GNA

Kade Hemaa banned from litigating with chief

The Koforidua High Court Two has awarded the cost of GH? 1,000.00 against Kade Hemaa Akua Ofosua and four others.

This follows the filing of an application to discontinue the case they brought against Osabarima Agyare Tenadu II, the Chief of Kade.

The court presided over by Justice Henry Kwofie, also banned the plaintiffs from raising the same case at any court in the country and upheld the ruling of the Judicial Committee of the Eastern Regional House of Chiefs, Chaired by Nene Sakite II, on December 16, 2014 on the case.

Under the ruling of the Regional House of Chiefs, Ohemaa Ofosua and others are to vacate the old and new Kade palaces with immediate effect.

They are to surrender to the Gyasehene of Kade, all stool and palace properties including regalia and paraphernalia in their possession.

The Regional House of Chiefs also directed Ohemaa Ofosua and her group to refrain from any act or acts that would interfere with the proper discharge of the duties of the defendant.

That Regional House of Chiefs also restrained all parties involved in the case from doing any acts that would jeopardise the peace of Kade.

Ohemaa Akosua Fosua, Kade Hemaa and the four others, Abusuapanyin Otibu Asare, Benchie Ampem Darko, Kofi Tinyase and Yaw Danso filed 17 cases against the Chief of Kade at the Akyem Abuakwa Traditional Council of which 13 were upheld in favour of the plaintiffs.

On the 5th of December, 2013, a judgment was passed and an order was given for the destoolment of the Chief of Kade, Osabarima Tenadu II and a replacement to be made by the kingmakers of the Kade stool.

Osabarima Tenadu II was ordered by the Akim Abuakwa Traditional Council to hand over all the stool paraphernalia to the Abusuapanyin for safety until a new chief is enstooled and a cost of GH¢ 5,000.00 was awarded against the defendant.

Osabarima Tenadu II appealed against the ruling of the Akyem Abuakwa Traditional Council at the Regional House of Chiefs and won on the case.

The Kade Hemaa and the others appealed against the ruling of the Judicial Committee of the House at the National House of Chiefs but did not wait for the hearing of the appeal and took the same case to the Koforidua High Court.

They later filed a discontinuation of the case at the High Court.