NII AMARKAI III AND OTHERS vs. NII OYENINAA TEIKO TAGOE

It is stated under Order 33 Rule 5 of the High Court (Civil Procedure) Rules, C. I. 47 as follows: “Where it appears to the Court that the decision of any question or issue arising in any cause or matter and tried separately from the main cause or matter substantially disposes of the cause or matter or renders trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just”. Based on the above rule the court in the exercise of its discretion to moderate the trial to achieve effective and speedy justice and on a consideration of the pleadings and issues before the court invited the lawyers to address the court on the following questions posed to them: 1. Whether or not the determination of who is the Dzasetse and also the acting Mantse of Asere is not a cause or a matter affecting chieftancy. 2. If the answer to the question above is yes whether this court is clothed with jurisdiction to deter...