Anlo Traditional Council Rules on Chieftaincy Dispute Involving Dufia of Akplorfudzi

The Judicial Committee of Anlo Traditional Council having Togbi Bedie Ahadzi IV (Chairman), Togbi Duklui Attipoe V, and Togbi Dela Avege III as the panel members sat to rule on the chieftaincy dispute involving who should be or is the recognized owner/founder/Dufia title of Akplorfudzi.

According to the Council, “From the evidence submitted and thereafter authenticated as requested by the panel, Lavoe Stool/ was recognized in the Gold Coast Chief List of Anlo and same was situated in Akplorfudzi. However, no recognition was given to Afevinya in the said Chief List. This explained that Afevinya has no Chieftaincy title in the Anlo Traditional Area.”

“In the Judicial Committee of Anlo Traditional Council held on 29th January, 2024 before Togbi Bedie Ahadzi IV (Chairman), Togbi Dallah Avege III (Member), and Togbi Duklui Attipoe V (Member) on the matter between Anthony Lumor & 3 ORS and Kwami Lavoe & 3 ORS on the motion of capacity of plaintiffs, the matter was analyzed further.

According to the certified true copy of the matter signed by the Registrar of Anlo Traditional Council it was stated that “On the 17th November, 2023 at the sitting of the Judicial Committee on the above cited suit, lawyer for the Defendants/Applicants moved motion against the capacity of the Plaintiffs/Respondents to bring the above cited suit against the Defendants/Applicants on the following grounds among others:

i. That Togbi Korwu Dei Layoe Stool has been in existence since 1889 and known as Dufia Stool of Akplorfudzi

ii. That both Military Division and Gold Coast lists of chiefs of Anlo as at 1941 recognized Torgbi Korwu Dei Lavoe Stool as Dufia stool of Akplorfudzi

iii. That Torgbi Egli Apevinya Stool has not been known in Akplorfudzi, neither did Togbi Egli Apevinya I was known.

iv. That the nomination, selection and installation of Torgbi Egli Apevinya III did not follow the procedure of obtaining Installation Form from the Anlo Traditional Council before the purported installation.

v. That a search conducted at the Registry of Anlo Traditional Council revealed that the Council does not have records of his installation as chief in Anlo.

Upon the above grounds, Counsel for Applicants/Defendants pleads that the judicial committee dismiss the Plaintiffs/Respondents’ entire Petition and Statement of Claim for lack of capacity.”

Plaintifis/Respondents Counsel’s Response.

In response to the motion, the Counsel for Plaintiffs/Respondents reacted vehemently opposition to the Defendants/Applicants’ motion on grounds of law and fact.

i. That on grounds of law, equity demands that “he who comes to equity must come with clean hands” Reference to the conduct of the breach of the law that contrary to Notice of Interlocutory Injunction filed and served on Defendants/Applicants by the Judicial Committee of the Anlo Traditional Council dated 17th August, 2022 retraining them from their purported installation of a chief at Akplorfudzi, they defied the injunction and went ahead to enstool Hope Lavoe on 25th August, 2022 as Dufia of Akplorfudzi Counsel remarks that the conduct of Defendants/Applicants is a clear breach of the law and disrespect for this Judicial Committee.

ii. On the motion of Dufia status, Plaintifis/Respondents’ Counsel submits that his clients are the founders of Akplorfudzi land. In accordance with tradition and custom, it is only the founder of a land who is validly deemed as the Dufia of the land; and it is only and only Torgbi Egli Apevinya, the founder of Akplorfudzi land and his assigns, agents etc should be the Dufia of Akplorfudzi.

iii. On the fifth ground of the motion of the Defendants/Applicants in respect of a search conducted from the Registry of Anlo Traditional Council did not disclose anything that the installation of Torgbi Egli Apevinya had passed through the laid down procedure of completing the Installation Form before he was installed as chief in Anlo. On this ground, Counsel for Plaintiffs/Respondent contended that the response of the Registrar of Anlo Traditional Council that “I have not seen it does not mean “NO”.

iv. On the grounds of the motion that Torgbi Korwu Dei Lavoe Stool has been in existence since 1889 and had been captured in both Military Division and Gold Coast lists of 1941 as Dufia of Akplorfudzi, Counsel for Plaintiffs /Respondents challenged the authenticity of exhibit ‘A’ and B’ because exhibit ‘A’ is not certified as true copy of any original document and called for it to be expunged completely. In the case of exhibit ‘B’ which was supposed to be an extract from National Archives does not bear a certificate and red ribbon and a seal. Counsel challenged the source that it is questionable and forgery and called for it to be expunged.

v. Counsel for Plaintiffs/Respondents therefore concluded that his clients who are the direct descendants of Torgbi Egli Apevinya and who are the direct founders of Akplorfudzi land have requisite legal capacity to sue the Defendants/Applicants.”

RULING ON THE MOTION

“The main issues of the Defendants before this Judicial Committee of Anlo Traditional Council are that Torgbi Egli Apevinya is not the Dufia of Akplorfudzi and that he has not been installed properly in accordance with the rules and procedures laid down by
Anlo Traditional Council.”

“The suit also signifies that it is Torgbi Korwu Dei Lavoe who is the recognized Dufia of Akplorfudzi and has been recognized as such and documented by the Military Division and Gold Coast Chiefs List of 1941. It is from these grounds that the defendants filed the motion that the plaintiffs do not have the capacity to sue them before the Anlo Traditional Council.”

“The Judicial Committee upholds the version of Plaintifis/Respondents’ case that they are the descendants of Torgbi Egli Apevinya, the founders of Akplorfudzi land on which the Akplorfudzi township was established and as such they have the requisite legal capacity to sue the Defendants/Applicants.”

“Having analyzed the claims of the Defendants/Applicants and that of the Plaintiffs/Respondents, it has been clearly seen that the Plaintiffs/Respondents are the founders of the land and have the capacity to sue the Defendants/Applicants.”

“It is also on record that at the time Akplorfudzi land and its township was founded, the ancestors of the Defendants/Applicants were somewhere in Anyako. According to the Customary Practices and Inheritance/Customary laws of Anlo, a stranger in another man’s land or town cannot be the Dufia of the town, even if the stranger comes with his own stool. Unfortunately for the Defendants/Applicants, they did not indicate in their claims how they own or came to Akplorfudzi land or town.”

“The other aspects or grounds of the motion as to the installation of Torgbi Egli Apevinya III form the main issues of the matter before the Judicial Committee. Any other comments on other grounds or issues raised in the suit will preempt the main judgment of the whole matter before the Judicial Committee.”

“The motion of lack of capacity of the Plaintiffs/Respondents is hereby overruled to pave way for the substantive matter to be heard.”

Find attached, the certified true copy of the matter on Akplorfudzi land and the recognized founder/Dufia below for more details and your perusal.

SOURCE: Coverghana.com.gh