[1965]DLHC1832March 2, 1965High Court

MENSAH AND OTHERS vs. YEBOAH

The plaintiff-respondent sued the defendants alleging wrongful deposition as head of the late Kobina Ayi’s family and claimed damages. The Awutu Local Court found in favor of the plaintiff and awarded damages and costs against all defendants jointly and severally.

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JUDGMENT OF LASSEY J. Upon this appeal coming before me for hearing and determination learned counsel for the plaintiff-respondent argued a preliminary point of law that apart from the fourth defendant whose appeal is properly before the court all the other remaining defendants are not properly before the court as appellants because they have not each signed the notice of appeal; learned counsel further contended that a notice of appeal signed by one of the defendants on behalf of the others is improper and irregular and cannot constitute a valid notice of appeal by the said defendants. The plaintiff-respondent instituted this action against the defendants alleging a wrongful act on their part in purporting to have deposed the plaintiff as head of the late Kobina Ayi’s family, and alternatively claiming £G100 damages from the defendants jointly and severally for the alleged wrongful act. After hearing evidence of the parties and their witnesses in a reserved judgment the Awutu L...