Writ against Avenor Paramount Chief, others dismissed
The Judicial Committee of the Volta Regional House of Chief at Ho, has dismissed application for a writ of summons brought against the Paramount Chief of the Avenor Traditional Area, Torgbuiga Dorglo Anumah VI, the Dufia of Gefia, Torgbui Korbadzi III, and five others from the Akatsi South Municipality in the Volta Region, for want of jurisdiction.
The plaintiffs Torgbui Kludzi III, a Chief of Gefia, and two others, Simon Bedra and Kennedy Kwami Kludzi, also from the municipality were in their reliefs seeking an order to be declared and recognised as the de facto, de jure, and gazetted Dufia of Gefia and or Dutor of Gefia.
The plaintiffs also sought an order to restrain the Paramount Chief of Avenor, Torgbuiga Dorglo Anumah VI, from extending his jurisdiction over Gefia, which belongs to the Atsiame Traditional Area.
The applicants also wanted the court to restrain the first defendant from giving unwarranted recognition and parading, holding and according the second defendant recognition in the Avenor Traditional Council.
That the Regional House of Chiefs declared the Kubadzi stool of Gefia nullity, void and of no legal effect and also perpetually restrained the defendants and the Kpokpo family of Gefia from establishing a rival stool to the Kludzi stool.
But,the committee in its ruling stated “Gefia is a town in the Avenor Traditional Area thus the appropriate forum for the determination of mattershould naturally be the Judicial Committee of the Avenor Traditional Council.”
The committee, citing Article 274 of the 1992 Constitution of the Republic of Ghana and Section 26 of the Chieftaincy Act 2008 (Act 759), granted the motion to strike out the writ of summon for the lack of jurisdiction of the Volta Regional House of Chiefs to entertain the suit by the plaintiffs.
A cost of GH¢5,000 was awarded in favour of the defendants/applicants.
The committee, was chaired by Torgbe Gbogbi Atsa V, Paramount Chief of Adaklu Traditional Area, and other members were Togbega Atsridom V, Paramount Chief of Kpedze Traditional Area, and Togbega Sei II of Botoku Traditional Area.
On April 6, 2006, the Arbitration Committee of the then Fiaga of the Avenor Traditional Area, Torgbuiga Dorglo Anumah V, suspended and withdrew Torgbui Kludzi III from the Avenor Traditional Area Chief List.
FROMLAWRENCE VOMAFA-AKPALU, HO
