SETH ADJETEY SOWAH vs. ISRAEL ADJEI OKPOTI

The plaintiff, a principal member of the Sowah family (also known as Atwei Afia family) of Samsam, Medie, Accra, brought an action to protect family property from alleged misappropriation by the defendant, who was holding himself out as the head of the family without nomination or appointment. The plaintiff claimed the defendant unlawfully dealt with family lands, including distribution and alienation without consent of principal elders, and failed to account for compensation received from Ghana Telecom for land encroachment. The defendant denied these allegations, asserting that the headship automatically falls on the oldest family member and that he was recognized as head due to the advanced age and infirmity of the then oldest member, Joseph Adjetey Adjei. The defendant also denied unauthorized land sales and claimed family consensus on land distribution and compensation sharing.

JUDGMENT Plaintiff’s case By a writ of summons issued on 5th June 2012, the plaintiff claimed the following reliefs against the defendant: i. A declaration that the defendant is not the head of family of the Atwei Afia family also known as Sowah family of Samsam. ii. An order of account directed at the defendant to account for all the family property unlawfully misappropriated by the defendant without the consent of the principal elders. iii. An order of perpetual injunction restraining the defendant from holding himself out as the head of family of the Atwei Afia family also known as the Sowah family. iv. Costs. It is the plaintiff’s case that he is a principal member of the Sowah family also known as the Atwei Afia family of Samsam, Medie, Accra and he has brought this action out of necessity to protect the family properties from being depleted. He asserted that the Sowah family are the allodial owners of a large tract of land situate at Samsam. The plaintiff as...