Judge Threatens To Vacate Injunction If Delay Continues
…As Garry Nimako Takes Over
The presiding judge on the ongoing trial between factions within the Agona Royal Family of Denkyira over their late king’s palace says he will be compelled to vacate an injunction sought by the plaintiff if their actions cause further delay in the trial.
Justice William Boampong said that the trial was time bound upon the orders of the Chief Justice and that parties must not engage in insolence in the court’s quest for a speedy trial.
Justice Boampong stated this when new lawyer for the plaintiff, Garry Nimako pleaded with the court to give him time to enable him be abreast of previous proceedings.
According to lawyer Nimako who has taken over from Mr. Gudstav Addington, after the latter claimed to have come under spiritual attack, a request has been made to the court for copies of previous proceedings.
However, there was no regards on the docket to the effect that a request had been put in by the plaintiff to confirm lawyer Nimako’s claim.
Madam Ruby Lovelace Oppong who represented the plaintiff told the court that the request was made on Monday, even though the case was last adjourned on the 30th to enable the plaintiff change his counsel.
Following his request, the chief executive officer of the EXIM bank, Mr Lawrence Agyinsam who was supposed to mount the witness box to be cross-examined, was absent.
Lawyer Nimako’s request was vehemently protested by lawyer for the defendant, Mr Daniel Arthur who claimed that his opponent’s request was not legally binding and that the trial could proceed with or without it.
Mr Arthur told the court that the witness Lawrence Agyinsam has already filed his witness statement and only has to be cross-examined base on that.
After back and forth legal arguments between the two lawyers, the judge granted Garry Nimako’s request but warned that the court would not countenance on any act of delays.
The case was therefore adjourned to the 30th of May while a cost of Gh¢ 1,500.00 was awarded against the plaintiff for delaying and wasting the court’s time.
Background
It would be recalled that the DTC and Denkyira Hemaa, Nana Ayensuwa Saara III planned to build a befitting palace before the final burial of the late King.
In view of this, the dilapidated building that once served as the palace of the late king and others before him, was pulled down to have a more modern one built.
Nevertheless, this was fiercely resisted by a faction within the Agona family led by Ebusuapanin Nuama who sued the Denkyirahemaa at the Cape Coast High Court 3.
Ebusuapanin Nuamah who was peeved by the collapse of the 19th century building, instituted the legal action claiming that the said building was a private property of the late Nana Nkwantabisa I.
He averred that the late King, Nana Nkwantabisa I lived in the said building with his wife and children during his reign as his private residence.
This was disputed by the Denkyira Queen mother who stated that the said building was built purposely to serve as the palace of the Denkyira State.
In her statement of defence, Nana Ayensuwa stated categorically that “the house in dispute has variously been used and occupied by all the successive Kings of Denkyira State”.
She consistently maintained that the property in disagreement was the official palace of the Kings of Denkyira State and served same purpose during the reigns of all the five Denkyira Kings who ruled before Odeεfoↄ Boa Amponsam III.
Inadvertently, the ensued litigation of the building has affected the plans of the Denkyira Traditional Council to give their late King Odeεfoↄ Boa Amponsam III a befitting burial.
The late King of the Denkyira State has remained at the mortuary since he died about three years ago.
According to reliable family sources, the current impasse in the Royal Agona family which is sharply divided is the cause.
Two factions within the family are legally battling over the late Nana Nkwantabisa’s building which was built in the 19th century.
The contention is whether the said building was built by the late King Nkwantabisa as his private place of abode or for the purposes of serving as the place of the Kings of Denkyira.
While Ebusuapanin Nuamah is averring that the building was a private property of the late King in the case under trial, the queen mother of Denkyira Nana Ayensuwa Saara has maintained that the said building was built as the palace of the Kings of Denkyira.
Mr Lawrence Agyinsam who acted as the head of his side of the family while Ebusuapanin Nuama was outside the country and his people have placed an injunction on the building that was supposed to be built before the burial of the late King.
