[2008]DLCA7452 • April 3, 2008 • Court of Appeal
EBUSUAPANYIN KOFI DUKU (DEC) vs. NANA YARTEL II
The Plaintiff, Ebusuapanyin Kofi Duku, as head of the Anona Epiam Family of Amamoma, claimed exclusive customary authority to alienate family lands with the consent of principal family members, opposing the Defendant, Nana Yartel II, chief of the town, who alienated portions of the family land without such consent. The Defendant and a Codefendant, claiming to be the newly appointed Ebusuapanyin after purported removal of the Plaintiff, counterclaimed asserting the Plaintiff's removal and their own appointment as head of family, managing land sales and proceeds through a committee.
read moreBAFFOE-BONNIE, J.A. This is an appeal against the decision of the High Court Cape Coast presided over by Her Lordship Mrs. Iris May Heward Mills in which her Lordship found for the Plaintiff/Respondent and dismissed the counterclaim of the Co-defendant. But before I come to the submissions of counsel in their statements of case let me briefly recount the background of this case. As Plaintiff, the Respondent issued the writ of summons claiming against the Defendant (originally) 1. A declaration that it is Plaintiff, as head of ANONA EPIAM FAMILY OF AMAMOMA and not the Defendant as chief of the town who is customarily empowered to alienate portions of the family’s land with the consent and concurrence of the principal members of its family. 2. An order for accounts of all proceeds from lands alienated by the Defendant to private purchasers and 3. An order of perpetual injunction restraining the Defendant, his servants, agents, representative, assigns and all other.....