[1994]DLSC725 • March 2, 1994 • Supreme Court •
DZASIMATU AND OTHERS vs. DOKOSI AND OTHERS
Following the death of Kwaku Agbada, occupant of the Edzekpa Kofi stool (mancrado of Gbadzeme), the plaintiffs enstooled Christian Dokosi as chief, accepted by Regent Peniana Dzobo. The defendants also enstooled Theodore Dzasimatu, leading to a dispute over rightful occupancy. Attempts at resolution by the regent and later by Togbe Adja Tekpor VI, Paramount Chief of Avatime, resulted in conflicting decisions. The plaintiffs claimed exclusive rights to the stool and queenmother installation, challenging an alleged constitutional settlement and asserting their customary rights. The defendants claimed shared ancestry and a right to occupy the stool based on rotation between clans.
read moreJUDGMENT OF AMUA-SEKYI JSC On the death of Kwaku Agbada, Mankrado of Gbadzeme and occupant of what the plaintiffs call the Edzekpa Kofi stool, and the defendants, the Kofi stool, the plaintiffs enstooled one Christian Dokosi in his stead. They introduced the new chief to Regent Peniana Dzobo who accepted him. It is said that some days later, the defendants also enstooled one Theodore Dzasimatu and introduced him to the regent who accepted him. The regent then called the two sides together to try to resolve the issue of who was entitled to sit on the stool. It is said by the plaintiffs that even though at this meeting the defendants were unable to establish their relationship with the Kofime clan to which the plaintiffs belong, pressure was brought to bear on them to accept the candidature of Theodore Dzasimatu. The plaintiffs reluctantly agreed to do so and accepted Theodore Dzasimatu as having been duly enstooled. A year later, differences arose between the two families when the...