AYIETA FAMILY TO SETTLE CASE OUT OF COURT

The Court of Appeal has granted leave to the Ayieta family of the Builsa Traditional Area to attempt an out of court settlement in the case involving Robert Atong Abekabta and others on one side and Alexis Tampuri Azantilow and others.
Consequently, the court has adjourned the matter sine die and urged the parties to file the terms of settlement within 30 days beginning February 25, 2008.
Mr Justice B.T Aryeetey, presided, with Mrs Justice Henrietta Abban and Mr Justice R.K. Apaloo as the members.
The background of the case was that following the death of Nab Dr Azantilow Ayieta, paramount Chief of the Builsa Traditional Area on November 14, 2006, his biological children decided to put the body in a public mortuary in Bolgatanga.
That action was not acceptable to the rest of the Ayieta family who felt that was contrary to their customary practice.
The aggrieved family members allegedly broke into the mortuary to remove the corpse amidst fanfare, drumming and other activities.
After that they allegedly held an “adua” a Muslim rituals performed after 40 days of the death of an icon of tradition.
The rest of the family instituted an action against the biological children to restrain them from breaking tradition and also involve the nine constituents of the Ayieta family in the performance of the burial and funeral of the late Nab Azantilow.
The High Court declined jurisdiction in the matter on the grounds that it affected chieftaincy.
Not satisfied with that position, the plaintiffs instituted the instant action at the Court of Appeal, which had urged the family to settle the matter out of court.