GH - ZIKPUITOR BESAVI GBEKLE & ORS VS ISRAEL SEGBE

On the 15/1/2024 I gave a ruling granting the application filed by the applicant for setting aside the Writ, Statement of Claim and Interlocutory Injunction and reserved the reasons which I proceed to give as follows: On the 6/4/2024, the Plaintiffs/Respondents (herein after referred to as the Respondents)caused a writ to be issued out of this court against the Applicant herein for;

a. Declaration that the Defendant cannot constitute a committee(s) purposely to organize festive celebration events such as this Easter period.

b. An order from the Honourable Court to restrain the Defendant from upholding himself as Regent or Dufia (Chief) of Avuto.

c. An order to restrain the Defendant from acting in any capacity as the Dufia (Chief) or Regent of Avuto.

d. Costs.

The above Writ together with its Statement of Claim detailing the background of the case was served on the Applicant together with an Application for an order of Interim Injunction.

The Applicant upon being served with the above processes filed an appearance and went on to file the present application praying the court for an order to set aside the Writ of Summons, the Statement of Claim and the Application for Interlocutory Injunction upon the grounds as stated in the accompanying affidavits in support and for such further orders or other order as this court may deem fit.

In his affidavit in opposition, the Applicants referred to the Writ, Statement of Claim and Interlocutory Injunction filed by the Respondent praying for an order to restrain him (Applicant) by himself, agents, privies, assigns and anybody claiming through him as the Dutor of Avuto.

The Applicant says that the position of Dufia of Avuto is a chieftaincy position and as such the instant action is an issue or matter affecting chieftaincy.

The Applicant went on to refer to Section 29(1) of the Chieftaincy Act, 2008 Act 759 which gives exclusive jurisdiction to hear and determine such action within the area on the Traditional Council being a matter in which the Asantehene or a Paramount Chief is not a party.

According to the Applicant, because the instant suit is a cause or matter affecting chieftaincy, the High Court lacks the jurisdiction to entertain and determine same.

It is in that regard that the Applicant prays for an order setting aside or dismiss same.

The Respondents upon being served filed an affidavit in opposition to the present application in which they vehemently opposed the application.

In the said affidavit