PROSPER ADIGBO AND KINGSLEY ADIGBO [2009]DLCHRAJ5974

Date	2009-09-07
Suit No.	CHRAJ/34/2008/1135
Citation No.	[2009]DLCHRAJ5974

JOSEPH WHITTAL

[2009]DLCHRAJ5974
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">PROSPER ADIGBO<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">KINGSLEY ADIGBO<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">CHRAJ/34/2008/1135&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;7-9-2009<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">SUMMARY DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p>The Complainant, a 21 year old student of Kwame Nkrumah University
lodged a complaint against the Respondent, (his father). The Complainant
alleged that the Respondent had nominated him to be enstooled as the next chief
of their divisional clan. The Complainant further continued that the Respondent
had also refused to maintain him and his siblings, hence his complaint to the
Commission to prevail on the Respondent to do what was expected of him.<o:p></o:p>COMPLAINANT’S
CASE<o:p></o:p>According to the Complainant,
he received information that his father had nominated him as candidate for the
next divisional chief of their clan. The Complainant continued that due to the
nature of the enstoolment and the fact that he could be caught at any time
against his will by the elders of his clan to be enstooled, he felt threatened.
The Complainant then called on the Commission for intervention. Further the
Complainant alleged that the Respondent had refused to maintain him and his
siblings and so he wanted the Commission to impress upon the Respondent to
maintain them.<o:p></o:p>ISSUES
CONSIDERED<o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
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Whether the Complainant was to
be enstooled as clan head as alleged.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;text-indent:-.25in;mso-pagination:none;
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mso-border-shadow:yes">●&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether the Respondent did not
maintain the Complainant and his siblings asalleged.<o:p></o:p>FACTS<o:p></o:p>Upon receipt of this complaint, the Commission invited the parties
as well as the Complainant's mother for an attempt at settlement. At this
meeting, the Complainant's alleged enstoolment was laid before the Respondent.
He refuted this allegation and stated that he had not nominated the Complainant
for enstoolment. He further indicated that their clan does not have a
divisional chief but rather a clan head. He explained that after the death of
the head of their clan about a year ago, the extended family suggested that he
considers taking up the position. However after considering the numerous rifts
within the clan, he rejected the offer. He stated that he had no interest
becoming the clan head let alone suggesting his inexperienced son for that
position.<o:p></o:p>On the Second issue of
maintenance, the Respondent stated that he has three children including the
Complainant, he stopped maintaining the Complainant when he started exhibiting
rude behaviour towards him whiles he was in the second year at the university.
The Respondent then indicated that because of the Complainant's rudeness he can
no longer maintain him, he however expressed willingness to maintain fully the
other two children.<o:p></o:p>The Complainant's mother who
was also present at the discussion lamented that the Respondent has no idea
where their last child attended school and the second child's school fees had
also not been settled for about two terms.<o:p></o:p>