[2008]DLCA6221 • March 13, 2008 • Court of Appeal
AFUA SARPONG,J.A. ODURO AND THOMAS K. ASAMOAH vs. OPANIN FRIMPONG AND OPANIN ADUSA
The Plaintiffs, principal family members, claimed that Plot No. 16 Block 8A Dadiesoaba, Kumasi is family property shared with the 1st Defendant, who is the family head. The 2nd Defendant was demolishing and developing the property under an agreement with the 1st Defendant without the knowledge or consent of the family. Plaintiffs sought declarations that the property is family property, that the 1st Defendant cannot deal with it without family consent, and an injunction to restrain interference with the property.
read moreMARIAMA OWUSU [MS.], J.A. This is an appeal against the decision of the High Court, Kumasi dated the 22nd day of November, 2005. The Plaintiffs/Respondents in their Writ of Summons claim as principal members of their family 1. A declaration that Plot No. 16 Block 8A Dadiesoaba, Kumasi is a family property. 2. The 1st Defendant cannot enter into any agreement concerning the said property with the 2nd Defendant without the knowledge and consent of the family. Therefore any purported agreement on the said property between the Defendants should be declared null and void. 3. Perpetual Injunction restraining the Defendants their agents and assigns from demolishing and interfering with the said property. In their 7 paragraph statement of claim, the Plaintiffs aver amongst other things that they are principal members of their family. That they and 1st Defendant are from the same family and 1st Defendant is the Head of family. Plaintiffs continue that house No. 16, Block 8A, Dadiesoab...