REPUBLIC vs. HIGH COURT, DENU; EX PARTE AVADALI IV

The respondents, claiming chiefly status as Hlotator Adigbli Avadali II and principal members of the Anyigbe clan, commenced an action in the High Court, Denu seeking a declaration that the first respondent was the head/hlotator of the Anyigbe clan and entitled to manage clan lands and properties, a prohibitive injunction against the defendant from claiming such status, and damages for false claims. The defendant entered a conditional appearance and moved to strike out the writ on the ground that the matter was purely chieftaincy-related and outside the High Court's jurisdiction. The High Court dismissed the motion, holding it was not a chieftaincy matter. The defendant then applied to the Supreme Court for certiorari to quash the High Court ruling.

On 16 November 1992 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 Togbui Lugu Avadali IV (alias Awafia Lugu Ahiaku) sub-chief of Anyigbe Afevime Adutor” By their writ of summons, the plaintiffs sought three reliefs: (a). “A declaration that the first plaintiff is the present head/hlotator of the whole Anyigbe clan or 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). A perpetual 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 Anyigbe clan in the said false capacity. (c). General damages suffered by the plaintiffs as a result of the ...