[2024]DLCA17949 • November 21, 2024 • Court of Appeal
EMMANUEL NII K.L. OWOO vs. JOHN KWARTEY NEE OWOO
The dispute concerns the rightful headship of the Nii Owoo Royal Family of Faase Gbese, a family with significant land holdings governed by customary law and family accords from 1920 and 1992. The Respondent claims to be the legitimate head based on customary practices and family resolutions, while the Appellant contends he and the late Oliver Kwatei Owoo were appointed joint heads in 2006. The Respondent sought declarations affirming his headship and to nullify unauthorized land transactions by the Appellant and others.
read moreJUDGMENT DR. ERNEST OWUSU-DAPAA JA: INTRODUCTION: [1]. My Lords, this appeal arises from the judgment of the High Court, Land Division, Accra, delivered on 26th November, 2021. The dispute pertains to the headship of the Nii Owoo Royal Family of Faase Gbese, a family with substantial land holdings and a longstanding customary framework governing its affairs. The Plaintiff, Emmanuel Nii Kwatekwei, asserts his position as the family head and claims that, by virtue of customary practices and family accords dated 1920 and 1992, he is vested with the authority to manage the family’s property and interests. This position, he contends, has been improperly challenged by the 1st Defendant/Appellant, John Kwartey Nee Owoo, and others. For ease of reference, Plaintiff in this judgment will simply be called Respondent and 1st Defendant will be referred to as the Appellant. [2]. The case began when the Respondent, through an amended writ of summons, sought several reliefs from the High .....