FRANCOIS JSC
The respondent was however not idle. He set processes afoot to establish the unjustness of the usurpation of his rights to the Kaase stool and, after initial reverses, finally succeeded in achieving a full restoration of his entitlements. This was by a judgment of the National House of Chiefs of 6 May 1981. That judgment declared in unequivocal terms that the destoolment of the respondent was illegal. His restoration was tantamount to his never having vacated the stool or relinquished any rights thereto.
The significance of this decision is that notionally the respondent never left office. Consequently, any one who assumed the mantle of chief during those thirteen years had usurped the respondent’s stool. But more importantly, the customary act of fealty which had been performed by the respondent on his enstoolment previously, retained its full force and effect.
The decision of the National House of Chiefs was not appealed against. It is res judicata for all time on all the…