ESSIEN ALIAS BAIDU vs. ANGU II AND ANOTHER

JUDGMENT OF TWUMASI J. The capacity in which the plaintiff instituted this action against the defendant was the ebusuapanyin of the Kukordo Ebiradze stool family of Fijai. The writ was filed on 4 December 1980. It is crystal clear from the pleadings filed by the defendant and co-defendant that they both by necessary implication admit that at the time the plaintiff filed his writ of summons he occupied the exalted and most revered position of ebusuapanyin of the Kukordo Ebiradze stool family to which all the parties belong. But both the defendant and the co-defendant, the latter being more vocal, aver in their pleadings that the plaintiff was removed from his office as head of the stool family at a meeting of the principal members of the stool family held sometime in February 1981. Most prominent among the averments in the co-defendant’s amended statement of defence and counterclaim are paragraphs 2, 3 and 4 couched in the following terms: “(2) The co-defendant says that some tim...