The Wa High Court has dismissed a case filed by Titus Kuumulo Yelpoe and Joseph Dapilaa from the Yelpuo and Ganaa Royal families of Jirapa, respectively.
On December 21, 2023, the plaintiffs filed a motion for an interlocutory injunction against the defendant, Joseph Donglabong Dinaa of the Jirapa Royal family.
The interlocutory injunction was to prevent the enskinment of Justice Donglabong Dinaa as Paramount Chief of the Jirapa Traditional area which was scheduled for December 30, 2023.
Acting on behalf of the defendants/applicant, Abu Juan Jagiara Esq of Messrs Sory@law filed an application on December 27, 2023, seeking an order to strike out the plaintiff's writ of summons and statement of claim. The grounds for the application included that the suit improperly invokes the jurisdiction of the court for the reliefs sought.
When the case was called at the court on Friday, January 19, 2024, neither the plaintiffs nor their lawyer were present.
The counsel for the defendant urged the court to proceed with hearing the motion, asserting that the plaintiffs had not filed an affidavit in opposition.
The court granted the counsel for the defendant or applicant permission to proceed with presenting his motion.
The lawyer, Abu Juan then presented the motion, arguing that, according to Articles 140(1) and 274 (3) c and d, the High Court lacks original jurisdiction to entertain chieftaincy matters.
He stated that reliefs 'a' and 'b', as endorsed on the writ, were issues about chieftaincy.
Mr Abu explained that the Upper West Regional House of Chiefs had the original jurisdiction to adjudicate actions in matters concerning chieftaincy.
He urged the court to impose punitive costs against the plaintiffs/respondents. Additionally, he noted that they had initiated the same action at the Upper West Regional House of Chiefs, among other reasons.
The court agreed with counsel for the defendant/applicant and granted the application.
The case presided over by the Supervising Wa High Court judge, Justice Alhaji Yussif Assibey, awarded costs of GH₵6,000 Ghana cedis to the plaintiffs.
On December 12, 2023, the seven recognized kingmakers of Jirapa unanimously endorsed Justice Donglabong Dinaa as the Paramount Chief of the Jirapa Traditional area.
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