JUDGMENT
JIAGGE J.A.
By an originating summons issued at the instance of Michael Fini and two others against Togbe Hor II, Fiaga of Agbosome and two others, the plaintiffs claimed before the judicial committee of the Anlo Traditional Council that by custom and tradition their family was the “proper” one to select and install the
“dufia” of Adafienu; that the said family nominated one Jacob Komlavi Tormety as the successor in title of the late Chief Dovo II of Adafienu, that the nomination was subsequently approved by the three wing chiefs of Somey and that the customary installation fees were also paid. However, the first defendant had for six years “persistently conspired with the other defendants to make the installation impossible to be performed.”
The defendants in their statement of defence averred that “Togbe Tsri Dapensu II, the senior stool father and dufia of Adafienu and his elders are by custom and tradition the proper persons to select and install the divisional chief or dufi…