• Nana Egya Kwamina XI

A Sekondi High Court last Thursday, dismissed a suit filed by a party to prevent the Apremdo Divisional Stool from celebrating its annual  Kundum festival, stressing that the case was purely a chieftaincy matter.

The judgement of the court, presided over by Justice (Mrs) Hannah Taylor, has now paved the way for the Divisional  Chief of Apremdo, Nana Egya Kwamina XI, also known as William Eghan, to celebrate same.

It, however, did not award any cost against the plaintiffs.

The plaintiffs, Obaahema Kwandoh Kuma and Nana Nware Ezia II, had filed an injunction notice against the defendants (Kobina Burafo, William Eghan and Ernestina Brenya), seeking among others to restrain the three from celebrating the Kundum Festival, until the performance of the funeral rites of the late Chief, Nana Nyankeh Brem.

They again sought a perpetual injunction restraining the defendants from celebrating the Kundum Festival until the determination of an appeal pending before the Western Regional House of Chiefs at Sekondi.

Plaintiffs claimed that, in accordance with the custom and tradition of the people of Apremdo, the defendants could not celebrate the Kundum festival without having in their possession, the Royal Black Stool, and without performing the funeral rites of the late Chief.

They further pleaded that the 1st and 3rd defendants, contrary to the Apremdo customary practices, installed the 2nd and 3rd defendants as the new Chief and Queenmother of Apremdo respectively.

However, the 1st and 2nd defendants denied the claims of the plaintiffs as being a Queenmother and Regent of Apremdo, contending that, by  a   decision of the Judicial Committee, the plaintiffs were not the Queenmother and Regent of Apremdo and, therefore, had no capacity to initiate the action.

Additionally, they argued that they were lawfully nominated, elected, confined and installed as the Chief and Queenmother of Apremdo, in accordance with the customs and traditions and duly gazetted with stool names, Nana Egya Kwamina XI and Nana Mozu respectively.

In her ruling, Justice Taylor said “Having considered the claims of the plaintiffs and the evidence largely, the case is a  disguised cause or matter affecting chieftaincy and the reliefs sought by the plaintiffs are hereby dismissed. The third defendant’s counter claim is also dismissed.”

She again ruled that, “the plaintiff’s failure to call the custodian of customs and traditions of Ahanta land as to who sets the timetable and restrictions thereto of the celebration  of the Kundum festival leads to the conclusion  that they  failed to discharge   the burden so  placed on them.”

The judge added that,  “the reliefs sought  by plaintiffs are so  linked to the  possession  of the black stool which is key to the installation  of  a chief and that they  contended  in this  case that, same  is  in their  possession.”

The judge also referred to Obaahemaa Kwandoh Kuma’s answer to a question on whether William Eghan’s name had been entered in the register of Western Regional House of Chief as Divisional Chief of Apremdo with stool name Nana Egya Kwamina XI  and admitted that the case had not been determined yet as no court had set the gazette publication aside.

From Clement Adzei Boye, Sekondi