honorariums will only be paid to a person adjudged finally by the court to be the true title bearer.
In an eight-page order Chief Justice Arthur Ngiraklsong said that the statute is “overbroad “ and impinges on the right of a clan, that owns its title to resolve title dispute between and among members as well as the role of the House of Traditional Leaders in the approval process.
The court said that every time two or more persons dispute over a traditional title, the KSPL stressed that it can only be “exclusively decided by the court.”
The court said that even when the title dispute is pending in court, the affected clan resolve the dispute and submit its chosen title bearer acceptable to the HOTL.
“The statute is like a bulldozer that levels down not only the dead and unwanted three stumps but treasured betelnut trees as well. The stature must be redrafted to cure only the ills without infringing on the right of the clan that owns and decided its title and the right of the HOTL to give its approval,” the court said.
It added that although the court has jurisdiction to hear and decide title disputes, the parties right to settle their disputes must never be infringed upon or taken away from them, even when the dispute is in court.
