James Town Chief restrained by Court

An Accra High Court has restrained the Paramount Chief of James Town, Nii Kojo Ababio V, and his agents from selling stool lands without the consent of the Principal Members of the Traditional Council.

The decision followed a plea made by five Principal Members of James Town, praying the Court presided over by Justice Anthony Oppong, to grant them an Interlocutory Injunction to restrain Nii Ababio the fifth, his agents, workmen and representatives from “alienating or disposing of lands of James Town Stool”.

The plaintiffs in the case are Nii Kwei Kuma IV, Nii Sackey Akumia VI, Nii Ade Nkpa VII, Nii Odarlai Bruce and Nuumo Borda III.

They told the court that Nii Kojo Ababio has been disposing off stool property without seeking their consent as tradition demands.

But the Attorney for Nii Ababio, Adjei Lartey, denied the claim by the Principal Members.

After arguments by both sides, the Court ruled on November 12, and granted the wish of the Principal Members.

“In the circumstances, on the balance of hardship if this application is refused and it turns out that defendant unilaterally has been in fact alienating James Town Stool, Plaintiffs will suffer extreme hardship”, Justice Oppong noted in his ruling.

“On the other hand, if the application is granted and it is established that defendant after all has not been alienating or selling James Town Stool land, he (the Respondent) stands to suffer nothing.

This view coupled with the hallowed customary principle of law that an occupant of a stool cannot dispose or alienate stool property without the consent and concurrence of the principal elders gravitate towards looking at this application with favour. In the circumstances, the application is granted as prayed,” the ruling said.

A spokesperson for the Principal Members, Nii Armah, told newsmen that the court action was provoked by the pleas of the youth who had threatened to go on run riot if Nii Ababio continues to fritter away the resources of the Traditional Council.