•Bright Akwetey`s restraining order thrown out
By Florence Gbolu Posted: Monday, July 21, 2008
The Ga Mantse, King Tackie Tawiah III, has been ordered by the Judicial Committee of the Greater Accra Regional House of Chiefs at Dodowa, to open his defence in a case in which his nomination, election and installation as the chief of Ga, is being challenged on the basis that it was done contrary to the Ga custom.
This was after the Judicial Committee's panel, chaired by Nii Tetteh Otu II, President of the House, turned down a “submission of no case”, filed by the Ga Mantse.
In effect, the meaning of the ruling is that the Ga Manste would have to file his defense in the case brought against him by Nii Owula Kpakpa Blofonyo, the Ga State Akwashong Mantse (supreme warrior).
Nii Owula Kpakpa Blofonyo, filed the petition challenging the election, nomination and installation of Dr. Blankson as Ga Mantse, with the stool name King Tackie Tawiah III.
According to him, the respondent has a case to answer," Samuel Klayson, the counsel for the Judicial Committee's panel told the court, as the panel rejected the submission of no case, filed by the Ga Manste on November 23, 2007.
In the motion for no case, the counsel for the Ga Mantse, Willie Amarfio, had challenged the capacity of the plaintiff in instituting the case against the Ga Manste, arguing that Nii Blofonyo is neither the Ga State Akwashong Mantse nor a king maker.
Meanwhile, Mr. A.G. Boadu, counsel for the Plaintiff, had argued that Nii Blofonyo is both the Asere Akwashongtse and Ga State Akwashong Mantse, who has a vital role in the nomination and installation of a Ga Mantse.
He said his non-involvement in the installation of Dr. Blankson, which is contrary to Ga custom, makes the installation illegal.
Citing authorities such as Nsiah versus Ameyaw II, at the Court of Appeal (1994); and Brobbey and others versus Kwaku and another at the Supreme Court (1995); the Counsel further argued that even if Nii Blofonyo was not a kingmaker, he was an "interested party" whose petition should be upheld.
Nii Akropong III, head of Teiko Tsuru We and Nuumo Tete, the Nai Wulomo (Ga Chief Priest) are attached to the suit for their roles in the nomination and installation of Dr. Blankson.
The case has been adjourned to July 25, for the Ga Mantse to open his defense.
However, the panel dismissed an application for interlocutory injunction which was filed in October last year, by Nii Yaya Arday, head of Abola Piam We, one of the four ruling houses in Ga Mashie, seeking the Ga Traditional Council to be restrained from allowing Dr Blankson to act as Ga Mantse until the final determination of the case, in which the plaintiff (Nii Arday) is challenging the election, nomination and installation of Dr. Blankson as Ga Mantse.
It was the decision of the house that Dr. Blankson was installed before the application was brought before the house Bright Akwetey, Counsel for the Petitioner, had argued that Dr Blankson's continuous acting as Ga Mantse was detrimental to the outcome of the case, adding that because the substantive suit is challenging the very basis for his kingship, it was important that he was restrained.
Monday, January 19, 2009
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