By Grace Zigah
The High Court in Kumasi has taken a decisive step in a pending contempt case involving the Paramount Chief of Dormaa Traditional Area, Osagyefo Oseadeeyo Agyemang Badu II, by granting an order for substituted service.
This follows several unsuccessful attempts by court officials to personally serve the Dormaahene with legal documents in the matter brought against him by the Sampahene of Kumasi, Nana Samgba Gyafla II.
The contempt proceedings, filed under suit number GJ1/064/24, stem from an ongoing chieftaincy dispute in which the Dormaahene is alleged to have made pronouncements and taken actions in defiance of existing court orders.
The case has drawn considerable public interest due to the high-profile nature of the parties involved and the implications for traditional authority and legal compliance in Ghana.
In the latest development, the court, acknowledging the challenges in serving the Dormaahene directly, granted a motion for substituted service.
This legal mechanism allows litigants to serve legal documents through alternative means when the usual personal delivery is not feasible.
Acting on the court’s directive, a public notice has been published in the Daily Graphic, to ensure that the Dormaahene is officially informed of the contempt application.
The notice fulfills the requirement of informing the respondent of the case pending against him, and the next steps in the legal process can now proceed accordingly.
The contempt motion, filed by Nana Samgba Gyafla II, alleges that the Dormaahene defied a prior court order relating to traditional jurisdiction and the enstoolment of chiefs.
The Sampahene contends that the Dormaahene has usurped traditional functions and made public declarations that undermine the authority of the Asanteman Council, of which the Sampahene is a prominent member.
This legal confrontation adds to the growing tensions between some Dormaa and Asanteman traditional rulers over territorial and ceremonial authority.
It also raises critical questions about the balance between customary power and the rule of law, particularly when traditional leaders are involved in disputes that end up in the courts.
The Dormaahene, who also serves as a High Court judge under the name Justice Daniel Mensah, has not officially responded to the contempt allegations.
The matter is scheduled to be heard in the coming weeks, and all eyes will be on the court to see how it handles a case that pits traditional authority against constitutional law.
