Essilfie and another v Anafo VI and another

AMPIAH JSC. This appeal is from a decision of the judicial committee of the National House of Chiefs. The decision is dated 20 November 1986.

Sometime in August 1975, the plaintiffs-appellants who will be referred to in this judgment simply as 'plaintiffs', representing the Dominaos-Moree section of the Nsona stool family of Nkafona initiated proceedings at the judicial committee of the Oguaa Traditional Council against the defendants-respondents, also referred to in this judgment simply as the 'defendants', representing the Eftfu section of the Nsona stool family of Nkafona, claiming:

"(1) An order for the destoolment of the 1st defendant herein.

(2) Declaration that the Nsona stool of Nkafona belongs jointly to the plaintiffs' section and the 1st defendants' section of the Nsona stool family of Nkafona.

(3) Declaration that the nomination, election, and installation of candidates to the Nkafona Nsona stool is rotatory amongst the two sections of the Nsona stool family according to Nkafona native custom and tradition.

(4) Declaration that the Nkafona Nsona stool properties, movable and immovable belong jointly to the said two sections of the stool family.

(5) An order for an account of Nkafona stool landed properties from the time 1st defendant was enstooled, and an order for the payment of half-portion thereof to the plaintiffs as joint owners."

The 1st plaintiff sued as the head of his section of the Nsona family and the 2nd plaintiff as an elder of the same section. The 1st defendant was sued as the incumbent occupant of the Nkafona stool and the 2nd defendant as the head of his section of the family. In the course of the trial, the 1st plaintiff died and was duly substituted. The 2nd defendant died on 18/9/84 and was also substituted. Later in the proceedings on appeal, the 1st defendant also died and was substituted.

The judicial committee of the Oguaa Traditional Council heard the matter and gave judgment on 20/9/76. The plaintiffs appealed against the decision to the Central Region House of Chiefs. While the appeal to the Central Region House of Chiefs was pending, the plaintiffs took out a writ of summons against the defendants at the High Court, Cape Coast claiming:

"(1) Declaration that the Nsona stool family of Nkafona is made up of plaintiffs' section and defendants' section.

(2) Declaration that the plaintiffs' section and defendants' section of the Ns