DZABA III vs. TUMFUOR AND OTHERS

JUDGMENT OF ANTERKYI J. In this suit the plaintiff seeks a declaration that the decision dated 16 May 1968 given by certain sub-chiefs of Kpandu who claimed to have constituted the Akpini Traditional Council by which he was declared destooled is null and void. At the close of the pleadings the issues for trial were: (1) Whether the plaintiff is the Paramount Chief of the Wusuta Traditional Area. (2) Whether the plaintiff was declared destooled by a committee of the Akpini Traditional Council. (3) Whether the judgment declaring the plaintiff destooled is void. The plaintiff’s case is that he had been enstooled as the Paramount Chief of Wusuta on 3 October 1957 and his name had consequently been gazetted. In 1963, a judicial commissioner sitting with a committee appointed under the provisions of the Chieftaincy Act, 1961 (Act 81), investigated destoolment charges preferred against him. By a Local Government Bulletin (No. 4 of 1966) dated 28 January 1966, the proof o.....