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

(1974) JELR 69907 (HC)    
High Court  ·  10 May 1974 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 412
CORAM
EDWARD WIREDU J.
Core Terms Beta
kwa okae of ebiradzi family
head of family
judicial committee of the ekumfi traditional council
first applicant
ebiradzi family of otuam
second schedule
chieftaincy act
accredited head of family of ebiradzi-otuam
exclusive jurisdiction
following form
such head
said affidavit
nana kwame ano
judicial committee
return day
ebusuapanyin of the ebiradzi family of otuam
name mr. dadzie
obvious known chiefs
serving bailiff shows
alleged nomination
section states
traditional councils
default judgment
common knowledge
legal effect
second applicant
combined effect
installation of any person
chief
respective areas
categories of chiefs
official position
section
s claim
central region
said application
clear picture
supporting affidavit
family fall
first schedule of the legislative instrument
name kwesi buabeng
family dispute
affidavit
meaning of section
language of act
traditional council
application
chieftaincy
recognised stool
proceedings

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,…

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