Practice and procedure—Originating summons—When to issue—Construction of
official publications—Application by originating summons to determine who is qualified
to be a chief by the construction of official publications—Substantial dispute between
the parties as to who is to be recognised as the rightful occupant of a stool—Whether
originating summons proper mode of commencing action in the circumstances—
Chieftaincy Act, 1971 (Act 370), s. 48 (1).
Evidence—Gazette notice—Fact notified—Prima facie proof only—Facts therein to be
rebutted by any other evidence—High Court (Civil Procedure) Rules, 1954 (L.N.
140A), Order 37, r. 55.
Chieftaincy—Stool property—Management of—Whether part of a chief’s customary
duties or statutory functions under Act 370, s. 48 (1)—Act 370, s. 48 (1).