The much-awaited judgement on the case involving Torgbiga Wenya III and Others and Torgbi Sri III and Others on the installation and coronation of Torgbiga Wenya III, Dutor of Anlo and Mamaga Abui Buiekpor II, Mamaga of Anlo has been delivered today, Tuesday, December 13, 2022.
In what can best be described as a land mark ruling, the Supreme Court of Ghana has ruled in favour of the Applicants; Torgbiga Wenya III, Torgbi Addo VIII and Mamaga Abui Buiekpor II of Anlo State.
In the ruling, the Supreme Court of Ghana presided over by Justice Gertrude Torkornu, by 5 - 0 Unanimous decision agrees with the Applicants that, the High Court in Sogakope lacks jurisdiction over the case brought before it earlier by Torgbi Sri III, Awadada Agbesi Awusu II and one Dan Abodakpi.
According to the Apex Court, any other case filed at the Sogakope High Court has been Quashed by an order of certiorari on the basis that, the High Court in Sogakope lacks jurisdiction over the case. And the defendants in the case; Torgbi Sri III, Awadada Agbesi Awusu II and one Dan Abodakpi were fined Ghs5,000 each, totaling to Ghs15,000.
As a background to the case, the Applicants, Torgbi Addo VIII, Lawyer Ephraim Agbeko Vordoagu (AKA Dutor Torgbiga Wenya III) and Mrs. Confidence Haugen (AKA Mamaga Abui Buiekpor II) through their lawyer, Samuel Kissiedu, ESQ., were seeking the following orders inter alia:
1. Certiorari bringing the writ of Summons and the accompanying Statement of Claim, the order of interim injunction made on 9th August, 2022, and all other subsequent processes and proceedings consequent thereon for the purpose of being quashed by order of Certiorari.
2. Orders of prohibition to issue to the High Court Sogakope and any other High Court to refrain from entertaining or assuming jurisdiction in the nomination, selection, installation and coronation of 2nd and 3rd applicants as Fiaga, a paramount Chief/King of Anlo Kingdom/State and Mamaga, a paramount Queen mother/queen of Anlo Kingdom/State respectively.
3. Any other order(s) as the honourable Court may deem appropriate having regard to all the circumstances of the matter.
The grounds for the application are:
1. The writ of summons and the accompanying statement of claim referenced as suit
No: E 13/03/2023 between Torgbi Sri III and others VRS Torgbi Addo VIII and others is a cause or matter affecting Chieftaincy. The High Court Sogakope and any other High Court in Ghana lacks the jurisdiction to make any determination of the reliefs being sought.
2. The High Court, Sogakope presided over by Justice Naana Bedu-Addo lacks jurisdiction to grant the order of Interim injunction dated 9th August, 2022.
And the Supreme court of Ghana agrees with the Applicants among other things that the Sogakope High Court and any other High Court lacks jurisdiction over the case.
Present at the Court were, Torgbiga Wenya III, Dutor of Anlo, Torgbi Addo VIII, the Paramount Chief of Klikor, Mamaga Abui Buiekpor II of Anlo, Torgbi Gawu V, Dufia of Tegbi, Torgbi Akwaah III, Dutor of Alakple, Hunor Agumenu Korkortor Dziekpor and Torgbi Nyatakpo Sabah II of Klikor.
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