[1993]DLSC4709 • December 14, 1993 • Supreme Court •
AVADALI II AND ANOTHER vs. AVADALI IV
The plaintiffs, claiming chiefly status as Hlotator (Head) of the Anyigbe Clan, sought declarations and injunctions against the defendant who also claimed the same chiefly title. The dispute arose from competing claims to the chiefly office and control over clan lands and properties. The plaintiffs initiated proceedings in the High Court, Denu, seeking declarations that the 1st plaintiff was the rightful Head/Hlotator of the Anyigbe Clan and entitled to manage clan lands, and sought to restrain the defendant from falsely claiming that status. The defendant challenged the High Court's jurisdiction, asserting the matter was a chieftaincy dispute beyond the High Court's competence.
read moreADADE JSC. On 16/11/92, an action was commenced in the High Court, Denu, titled as follows: “(1) Hlotator Adigbli Avadali II of Afegame, Head of Anyigbe Clan/Family (2) Togbe Awafiaga Abordor VII, Principal Member of Anyigbe Clan and Divisional Chief of Anyigbe Afegame versus Plaintiffs Togbe Lugu Avadali IV, alias Awafia Lugu Ahiaku, Sub-chief of Anyigbe Afevime Adutor Defendant” By their writ of summons, the plaintiffs sought three reliefs: “(a) A declaration that 1st plaintiff is the present Head/Hlotator of the whole Anyigbe Clan/Family comprising Anyigbe Afegame, Anyigbe Afevime and Agbofeme of Anyigbe Clan and is entitled to manage all the lands and other properties of the Anyigbe Clan/Family. (b) Perpetual and prohibitive injunction restraining the defendant from posing or claiming to be the Head/Hlotator of the Anyigbe Clan and dealing with the properties of the clan in the said false capacity. (c) General damages suffered by plaintiffs as a result of the fa...