REPUBLIC
V.
EKUMFI TRADITIONAL COUNCIL AND ANOTHER; EX PARTE OKAE AND ANOTHER

EDWARD WIREDU J.: On 23 July 1973, the respondents to this application initiated proceedings against the first applicant herein before the judicial committee of the Ekumfi Traditional Council. The summons issued against the applicant under the Second Schedule to the Chieftaincy (Proceedings and Functions) (Traditional Councils) Regulations, 1972 (L.I. 798), was in the following form:

“The plaintiff ‘s claim is for the defendant to show cause why you Kwa Okae of Ebiradzi family have deliberately and intentionally separated the Ebiradzi family of Otuam into two separate bodies by installing another head of family by name Mr. Dadzie against the accredited head of family of Ebiradzi-Otuam, by name Kwesi Buabeng which action is contrary to our native custom.”

The return day to the summons was 9 August 1973 and the certificate of service proved by the serving bailiff shows that the first applicant was served on 25 July 1973. On 2 August 1973, one Nana Kwame Ano II the second applicant herein,…