GH - REPUBLIC v. ANLO TRADITIONAL COUNCIL; EX PARTE HOR II

JUDGMENT JIAGGE J.A.

By an originating summons issued at the instance of Michael Fini and two others against Togbe Hor II, Fiaga of Agbosome and two others, the plaintiffs claimed before the judicial committee of the Anlo Traditional Council that by custom and tradition their family was the "proper" one to select and install the "dufia" of Adafienu; that the said family nominated one Jacob Komlavi Tormety as the successor in title of the late Chief Dovo II of Adafienu, that the nomination was subsequently approved by the three wing chiefs of Somey and that the customary [p.236] installation fees were also paid. However, the first defendant had for six years "persistently conspired with the other defendants to make the installation impossible to be performed."

The defendants in their statement of defence averred that "Togbe Tsri Dapensu II, the senior stool father and dufia of Adafienu and his elders are by custom and tradition the proper persons to select and install the divisional chief or dufia of Adafienu" and further that "the late Togbe Dovo II was a "war chief' or "awafia" and not the divisional chief of Adafienu. The defendants averred that the "plaintiffs made abortive attempts to coerce them to install Jacob Komiavi Tormety as the divisional chief of Adafienu contrary to custom and tradition." The first defendant, Togbe Hor II, also averred that "he is the paramount chief of the Somey people and that the judicial committee of the Anlo Traditional Council has no jurisdiction over him" and further that the matter did not arise within the area of the Anlo Traditional Council.

In an ex parte application for leave to issue an order for prohibition, counsel on behalf of Togbe Hor II contended that the Anlo Traditional Council had no jurisdiction over the matter in question and that the proper forum was the Volta Regional House of Chiefs because his client was a paramount chief.

The court in granting leave observed, "The most controversial issue . . . is whether he (the applicant) is a paramount chief or divisional chief. If the applicant is a paramount chief, then the contention by him may be sustained; if not the application may fail." The court after directing service on the respondents to the motion ordered a stay of the proceedings before the judicial committee of the Anlo Traditional Council until disposition of this application."

In an affidavit in opposition sworn to by Francis Awuku, the registrar of the Anlo Traditional Council on behalf

JUDGMENT JIAGGE J.A.

In an affidavit in opposition sworn to by Francis Awuku, the registrar of the Anlo Traditional Council on behalf

REPUBLIC v. ANLO TRADITIONAL COUNCIL; EX PARTE HOR II

Areas of Law

JUDGEMENT