[2012]DLCA8082 • October 25, 2012 • Court of Appeal
EMMANUEL OFEI DODOO vs. NII AMO DODOO
The respondent (plaintiff) filed a suit seeking a declaration that the appellant (defendant) was not the head of the Nii Dodoo Clottey family of Pokuase and an injunction restraining him from holding himself as such. The appellant denied this and in his amended defence averred that as head of family he nominated, elected, and enstooled Nii Amanor as Pokuase Mantse, endorsed by the Otublohum Divisional Council at an arbitration it established. The trial court struck out this paragraph as involving a chieftaincy matter beyond its jurisdiction.
read moreDZAMEFE, JA This appeal is against the ruling of the Fast Track High Court, Accra dated 19th October 2010 striking out paragraph 19 of the defendant/appellant’s amended statement of defence. The defendant, hereinafter referred to as the appellant, dissatisfied with the ruling filed this appeal on the following grounds:- 1. The ruling was wrong in law, 2. The court erred in holding that the said paragraph 19 relates to a cause or matter affecting chieftaincy. The appellant, prayed this court to set aside the ruling and restore the amended paragraph. The brief facts of the case as presented by the appellant is that the plaintiff, hereinafter referred to as the respondent, issued a writ of summons and a statement of claim, for two reliefs;- 1. A declaration that the defendant is not the head of the Nii Dodoo Clottey family of Pokuase. 2. An injunction against the defendant to restrain him from holding himself as the head of the Nii Dodoo Clottey family of Pokuase so far as the .....