REPUBLIC vs. JUDICIAL COMMITTEE OF ANLO TRADITIONAL COUNCIL; EX PARTE ANUMA IV AND ANOTHER [1988]DLHC677

REPUBLIC vs. JUDICIAL COMMITTEE OF ANLO TRADITIONAL COUNCIL; EX PARTE ANUMA IV... [1988]DLHC677

Date	1988-04-14
Suit No.
Citation No.	[1988]DLHC677

ASARE-KWAPONG J.

A. R. ADDO FOR THE APPLICANTS.

S. A. X. TSEGAH FOR THE RESPONDENTS.

[1988]DLHC677
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>JUDICIAL COMMITTEE OF ANLO TRADITIONAL COUNCIL; EX PARTE
ANUMA IV AND ANOTHER<o:p></o:p>[HIGH COURT, HO]<o:p></o:p>[1980] GLR 40<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
14
APRIL 1988<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

A. R. ADDO FOR THE APPLICANTS.<o:p></o:p>

S. A. X. TSEGAH FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ASARE-KWAPONG J. <o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ASARE-KWAPONG J.<o:p></o:p>This is a
motion, pursuant to leave granted on 24 November 1987, by the applicants herein
praying the court for an order of certiorari to quash the judgment of the
judicial committee of the Anlo Traditional Council dated 28 September 1987, in
the suit entitled: Togbe Aho IV—Chief of Akatsi Monenu v. Togbe Dorglo Anuma,
Fiaga of Avenor.<o:p></o:p><o:p>&nbsp;</o:p>The
events leading to this motion are that on or about 23 February 1987 Togbe Aho
IV and another, brought an action against Togbe Dorglo V, Fiaga of Avenor,
before the judicial committee of the Anlo Traditional Council for the following
reliefs:<o:p></o:p>(a) That the suspension of the plaintiffs as chiefs of
Monenu, Akatsi is unlawful and contrary to custom and law and is null and void
in law.<o:p></o:p>(b) A declaration that the first plaintiff is still the
chief of Monenu, Akatsi, nominated, elected and installed as chief according to
customary law.<o:p></o:p><o:p>&nbsp;</o:p>While the
case was pending for adjudication, the then Ketu P.N.D.C. District Secretary at
Denu attempted to settle the issue between the plaintiffs and the defendants,
i.e. the applicants in the instant proceedings. But when he was not able to do
so, the matter was referred to Togbe Dorglo Anuma V, who according to the
defendants, was involved in the case to be investigated. The defendants
apparently refuse to appear before him, for fear of injustice being done to
them. Togbe Dorglo Anuma V then suspended Togbe Abraham Aho, regent of Togbe
Aho IV, the third respondent herein. Togbe Aho IV and another therefore took an
action against Togbe Dorglo Anuma as above stated. In their writ of summons
they claimed as stated above. The committee, on 28 September 1987, resolved the
matter as follows:<o:p></o:p>1. That
the suspension of the first plaintiff as chief of Monenu and the second plaintiff
as regent to the first plaintiff’s stool of Monenu is unlawful, contrary to
custom and law and is null and void in law. <o:p></o:p>2. It is
hereby declared that the first plaintiff is still the chief of Monenu or
Akatsi, nominated and installed as chief according to customary law. <o:p></o:p>3. It is
further ordered that the suspension letter or letters issued on 1 October,
before or after October 1985 by the defendant arrogating the power to himself
and removing the first plaintiff and his regent from office in the performance
of their traditional duties as senior chief of Monenu or Akatsi is hereby
revoked and ceased to have any legal effect and functional obligation on the
plaintiffs. <o:p></o:p>4. The
appointment of Togbe Letsa Korba II from Anyiwome Akatsi as a chief of Akatsi
is also revoked and declared null and void . . . The first plaintiff is
accordingly declared the rightful senior chief of Akatsi. The second plaintiff
is also restored to his post as the regent to Aho stool and shall exercise all his
powers in steering the affairs of Akatsi without let or hindrance from any
quarters on behalf of the first plaintiff who is a student.”<o:p></o:p><o:p>&nbsp;</o:p>The
grounds on which the reliefs are sought by the applicants are as follows:<o:p></o:p>