SARPONG vs. ANTWI

Siriboe J.S.C. delivered the judgment of the court. The plaintiff-respondent (hereafter referred to for short as “the respondent”) claiming to be the head of the Nyanor family of Asokore in the New Juaben Traditional Area, sued on behalf of himself and the family to recover from the defendant-appellant (hereafter referred to as “the appellant”), certain properties said to belong to the Nyanor family stool, the occupant of which the appellant had been for a period of some 31 years. The ground for this claim and the other relief sought, that is, damages for unlawful detention, was that the appellant was declared destooled on the 5 March 1967, by the respondent and some members of the family after the appellant had refused to appear before them, to answer charges they had preferred and served on him for his destoolment. In spite of his destoolment, the appellant, as contended by the respondent, had refused to hand over the properties even though a successor had been installed in h...