JUDGMENT
It is in pursuance of the alleged removal of the defendant herein as the head of the
Asokwa Twidan Royal family of Abura Dunkwa and her refusal to desist from
carrying herself out as the head of family that the plaintiff herein also a member of
that family issued out a writ of summons and statement of claim from the registry of
this Court claiming the following reliefs;
a) A declaration that the defendant is not the head of the Asokwa Twidan Royal
family of Abura Dunkwa, having been customarily removed by the family.
b) An order restraining the defendant from holding herself out or allowing herself
to be held out as the head of the family
c) An order of award of costs incidental to the institution of the present action
d) Any other relief(s) this honourable Court may deem fit to grant in the
circumstances.
Per the attached statement of claim, the plaintiff averred that he had brought the
action in his capacity as a principal member of the Asokwa Twidan family of
Abura Dunkwa with the consent of the principal members of the family. The
defendant was not formally and customarily appointed and installed as the head
of family, for some time, the defendant carried herself out as such to the knowledge
of the family though they protested. He further averred that the defendant
conducted herself unsatisfactorily as the head of family. Thus, at a family meeting
on 3rd April 2020, she was served with some charges signed by the principal
members of the family. The family had requested her to respond. However, the
respondent failed to respond and having waited for her response to no avail, the
family extended several invitations to her to appear for a family meeting to
consider the charges against her. She failed to honour the said invitations.
He went on to state that on 5th June 2020, the family held a meeting to hear the
defendant's response, and though she appeared at that meeting, she failed to
respond to the charges. Thus the family passed a resolution to remove her and, in
furtherance of that, informed her of her removal. She was not pleased with the
decision; thus, she left the meeting. However, in accordance with customary law,
libation was poured to complete the process of her removal as the head of family,
albeit in her absence. The plaintiff complains that though the defendant has been
removed as the head of family, she continues to carry herself out as such. He states
that unless the Court intervenes to restrain he
