[2017]DLHC4083November 23, 2017High Court

THE REPUBLIC vs. ROLAND ADIKO AND 2 OTHERS; EX PARTE GABRIEL AKOTO AND CEPHAS AKOTO

The applicants averred that the paramount stool occupancy of Tanyigbe Traditional Area rotates between two stools: the DokuDzehe Stool of Anyidoto Clan and Kodi Ayefor Stool of the Kodivi Clan. The immediate past occupant of the Kodi Stool, Togbe Kwasi Adiko V, was enstooled in 1951 and passed away in 2015. The Anyidoto Clan enstooled Togbe Etoi Dodzo II as the new chief in April 2017. The respondents refused to acknowledge this enstoolment and purportedly enstooled the first respondent as a rival chief, leading to a dispute over rightful occupancy.

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The nature of application before this Court is clear from the affidavit in support of the motion for Judicial Review. The Applicants averred as follows: Paragraph 4 - That the paramount Stool occupancy rotates between two Stools; the Doku-Dzehe Stool of Anyidoto Clan and Kodi Ayefor Stool of the Kodivi Clan. Paragraph 5 - That the immediate past occupant of the Kodi-Stoo, Togbe Kwasi Adiko V was enstooled in 1951 and passed on in 2015, 28th August to be precise. Paragraph 6 - That the said Togbe Adiko V succeeded Fiaga Kormi Ekpe Akoto III of the Anyidoto Clan. Paragraph 7 - That the occupancy of the Fiaga (Paramountcy) is rotatory as confirmed by the Research Committee of the Regional House of Chiefs in a letter addressed to the National House of Chiefs. Refer to exhibit “DD1” hereby attached. Paragraph 8 - That in accordance with the customs and traditions of the Tanyigbe Traditional Area the Anyidoto Clan enstooled a new Chief in the person of Togbe Etoi-Do...