[2021]DLCA16062 • December 16, 2021 • Court of Appeal
KOFI KORLE vs JOYCE AMI AWURA, MARGARET TEYE OKRAH
The Plaintiff, claiming to be the lawful Head of the Nene Kofi Korle family of Okpe Wekpeti, Ogome Somanya, instituted an action against the Defendants seeking an order restraining them from holding themselves as members of the family and an injunction to protect peaceful enjoyment of family land and property. The Defendants filed conditional appearances and a motion to strike out the suit for want of prosecution and res judicata, relying on a prior judgment involving different reliefs. The Circuit Court struck out the suit on grounds of the Plaintiff's lack of capacity as family head. The Plaintiff appealed this ruling.
read moreJUDGMENT MENSAH-HOMIAH, JA: INTRODUCTION In this appeal against the ruling of the Circuit Court, Odumase-Krobo, dated 2nd July, 2020, two pertinent issues arise. These are: (i) Procedure after entry of conditional appearance; and (ii) The duty of a court when a question of Capacity arises. For ease of reference, the designations of the parties in the court below will be maintained. THE ANTECEDENTS On 2nd March 2020, the Plaintiff who describes himself as the lawful Head of the Nene Kofi Korle family of Okpe-Wekpeti, Ogome-Somanya, instituted the present action against the Defendants for two main reliefs, namely: a. And order of the court directed at the Defendants to desist from holding themselves as members of the Okpe-Wekpeti, Ogome-Somanya. b. Perpetual injunction to restrain the Defendants by themselves, their heirs, successors, assigns, agents, workmen and whosoever from interfering with plaintiff’s peaceful enjoyment of the land adjoining H No. B250/1, Okpe-Wekpeti, Og.....