The Cape Coast High Court 3 briefly became the centre of attraction amidst controversy when the ongoing trial over a 19th century palace that has stalled the burial of the King of Denkyiras, Odeεfoↄ Boa Amponsam III, came up for hearing on Tuesday.
Counsel for the plaintiff in the on-going trial over the legal tussle between factions within the Agona Royal family of Denkyira, Gustav Addington, disclosed to the amazement of the trial judge and the audience that, he has come under severe spiritual attacks.
Following this development and for some other reasons, Addington told the court that, he was afraid of losing his life and had therefore, withdrawn his services as the counsel for the plaintiff, Ebusuapanin Nicholas Nuamah.
Mr Addington, who has over thirty years’ experience at the bar, told the open court yesterday that, his decision to withdraw from being the counsel was partly due to the incessant spiritual attacks.
This unproven assertion, which created a drama, momentarily threw the court into ecstasy.
He also told the court, presided over by Justice William Boampong, that, one of the witnesses for the plaintiff, Mr Lawrence Agyensam, had informed him about their plans to substitute him (Addington) with another lawyer.
According to him, Mr Agyensam claimed that, they had settled on a lawyer to represent them in court, which decision, he told the court, he had obliged.
Counsel for the respondent, Daniel Arthur vehemently objected to this development, stating that, the newly found lawyer for the plaintiff should have been in court for proceedings to continue.
He claimed that, the plaintiff was rather deploying delay tactics so as to prolong the trial and prayed the court to strike out the case since the plaintiff was only marking time.
Madam Ruby Lovelace Oppong, who represented the plaintiff, told the court that, their newly found lawyer could not make it to the court yesterday, because he was informed of the hearing late.
She, therefore, pleaded with the court that, the said lawyer whose name was not mentioned in court, would appear at the next hearing and asked for adjournment.
The judge however, ruled that, it would be unfair to deny the plaintiff the right to have a legal representation.
The case was therefore, adjourned to the May 26, while a cost of GH¢ 500.00 was awarded against the plaintiff.
Background:
It would be recalled that, the Denkyira Traditional Council and the Denkyira Hemaa, Nana Ayensuwa Saara III, decided to reconstruct a befitting palace before the final burial of the late King, Odeefuo Boa Amponsem III.
Consequently 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.
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 allegedly peeved by the demolishing 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.
The litigation 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.