JUDGEMENT
Apaloo J.A.
The late Augustine Dei was the head of the Kpandu community of Kadjebi in the Volta Region. He was, at the date of his death on 14 May 1972, aged 75 and the evidence shows him to be a man of respectability in the town. In his capacity as head of the Kpandu community, he entertained complaints and settled disputes informally between such of his "subjects" and other inhabitants of Kadjebi as sought his assistance.
One of the persons who sought his aid to right a grievance was one Elizabeth Agya, a yam seller of Kadjebi (hereinafter called Elizabeth). Her complaint was that the first appellant raised a loan of ¢60.00 from her and refused to pay this back. The first appellant himself hails from a town called Alavanyo which is a few miles from Kpandu. The deceased invited the first appellant and sought to determine and settle the difference between them. The first appellant declined to submit to an arbitration and left the meeting. Elizabeth turned to the linguist of Ka…