[2025]DLSC18216 • April 2, 2025 • Supreme Court •
EBUSUAPANYIN KOBINA TAWIAH (DECEASED) (SUBSTITUTED BY EBU. KWESI MORO vs. EBUSUAPANYIN KOFI OTWE
The appellant, as head of the Kona Family of the Dubua Ando clan of Breman Essiam, claimed equal rights with the respondent's Nsona Family over clan properties and administration. The respondent denied the existence of a wider clan and asserted exclusive ownership of certain lands and stool properties, alleging forcible eviction by the appellant's family. The dispute involved claims over immovable and movable clan properties, with allegations of harassment and denial of participation in clan affairs.
read moreJUDGMENT KULENDI JSC: INTRODUCTION: 1. We have before us an appeal against the concurrent judgment of the Court of Appeal dated the 23rd of November, 2023 which said judgment affirmed the earlier decision of the High Court delivered on the 29th of July, 2021. APPELLANT’S CASE: 2. The suit on which this appeal is predicated was commenced by the Plaintiff/Appellant/Appellant (hereinafter referred to as the Appellant) on the 17th of December, 1996 through the issuance of a Writ of Summons at the High Court, Cape Coast against the Defendant/Respondent/Respondent (hereinafter referred to as the Respondent), seeking the reliefs endorsed thereon. 3. In the said writ, the Appellant asserted that the suit was commenced in his representative capacity as the head of the Kona Family of the Dubua Ando clan of Breman Essiam. This clan, he averred, comprised several other families including an Nsona Family, which he alleged, was headed by the Respondent. 4. Consistent with the fore.....