Koforidua, Nov. 24, GNA- Koforidua High Court on Friday threw out the injunction being sort by a section of the Yiadom and Hwedie Royal Family of New Juaben on the performance of the final funeral rites of the late Queenmother of New Juaben, Nana Juaben Serwaa which comes on at the weekend.
The court, Presided over by Justice Fredrick Miesah Anyimiah, in addition placed a cost of ten million cedis on Nana Kweku Boateng and Nana Akua Saa, the son and daughter respectively of the late Juaben Serwaa who filed the suit.
The court also urged the plaintiff and their agents not to do anything to disrupt the smooth organization of the funeral. Giving reasons for his judgement, Justice Anyimiah said by NRCD Limitation Decree of 1972, nobody could request in law for an account to be rendered on an event in Ghana which occurred over six years after the event had taken place hence the plaintiffs request could not hold in law.
He also explained that, when a fellow becomes a traditional authority, his private life is submerged within the general will of the people that he rule as a traditional authority hence when such people die, their burial and all other ceremonies around it ceases to be private affairs but that decided by traditional authorities.
Justice Anyimiah said, if Juaben Serwaa was not to be a queenmother, her burial and funeral would have been a private affair to be decided by the family but as a Queenmother, her funeral would be decided by the chiefs and Queenmother. He quoted several legal authorities and cases to support his argument.
Earlier in the week, the plaintiffs, Nana Boateng and Nana Saa filed a writ at the court against the Omanhene of New Juaben Traditional Area, Daasebre (Dr) Oti Boateng and the Queenmother, Nana Yaa Daani. In the writ, the plaintiffs were asking the court to urged the Omanhene and the Queenmother to render an account on the burial and funeral of the late Juaben Serwaa which was organized in February 2000. The plaintiff were also asking the court to place an injunction on the celebration of the final funeral rights of their mother until their consent was sort being the next of kin and the close relatives of the deceased.
The argued that, by their exclusion from the planning of the final funeral rights of Nana Juaben Serwaah, the Omanhene was denying them their right as members of the Yiadom Hwedie Royal Family of New Juaben.
When the court adjourned, the lawyers of the plaintiffs led by Mr Addo Atua informed media personnel that went to cover the case that they have filed an appeal and a stay of execution on the judgement on behalf of their clients.
There were heavy presence of both plain cloth and uniform police men at the court premises during the reading of the judgement by the Presiding Judge of the court.
The final funeral rite of the late Nana Juaben Serwaa which started last Sunday on November 19,2006 was expected be a at the climax at the weekend and end on Monday, November 27, 2006.
