HANSEN AND ANOTHER vs. ANKRAH AND ANOTHER [1979]DLHC1065

Date	1979-08-15
Suit No.
Citation No.	[1979]DLHC1065

AMUA-SEKYI J.

W. A. N. ADUMUA-BOSSMAN FOR THE PLAINTIFFS.

J. B. CHINERY FOR ADJETEY FOR THE DEFENDANTS.

[1979]DLHC1065
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													<main id="main" class="content" style="min-height: 60rem" >HANSEN AND ANOTHER <o:p></o:p>vs. <o:p></o:p>ANKRAH AND ANOTHER<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1978] GLR 668<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
15 AUGUST 1978<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

W. A. N. ADUMUA-BOSSMAN FOR THE PLAINTIFFS.<o:p></o:p>

J. B. CHINERY FOR ADJETEY FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

AMUA-SEKYI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMUA-SEKYI J.<o:p></o:p>The plaintiffs
and the defendants are all members of the Mantse Ankrah family of Otublohum,
Accra. The family comprises three sections, namely, Ankrah, Ayi and Okanta. The
first defendant, Joseph Adjabeng Ankrah, also known as Nii Ayi Ankrah I, is the
head of the Mantse Ankrah family as a whole; the first plaintiff, John William
Hansen, is the head of the Ankrah section; the second plaintiff, Mark Kodjoe
Ankrah, is the head of the Ayi section; and the second defendant, Nii Amon
Okanta, is the head of the Okanta section. The plaintiffs have brought this
action in their capacities as the heads of the Ankrah and Ayi sections against
the first defendant as the head of the wider family and the second defendant as
the head of the Okanta section for:<o:p></o:p>“(1) An
account of the following sums received by the first defendant for and on behalf
of the Mantse Ankrah family of Dadebease Otublohum, Accra, that is to say: (a)
¢160, 547.40, the proceeds of a cheque from the Ministry of Finance, Accra, on
13 September 1977; (b) ¢13,968.95 being part of an amount from the High Court,
Accra, on 30 March 1977; and (c) ¢4,000 received by the defendants from the
Ghana Commercial Bank, High Street Branch, Accra, in or about August 1977. (2)
An account of all sums received by the defendants for and on behalf of the said
family in respect of its land at Awudome or North Kaneshie, Accra, since 22
December 1976.<o:p></o:p>&nbsp;(3) An order upon the defendants to pay to the
credit of the said family’s current account with the said branch bank whatever
sums are found due to the said family, on the said accounts.<o:p></o:p>

<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
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31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(4)
Further or other relief as in the circumstances may be just, including in
particular a declaration that the first defendant is liable to be deposed from
the headship of the said family for breach of trust disclosed by the said
accounting.”<o:p></o:p>In a
statement of claim, which has been incorporated by reference in the affidavit
sworn in support of the present application, the plaintiffs aver that:<o:p></o:p>“(3) On
30 March 1977, the first defendant received from the High Court Registrar,
Accra, a sum of money in cash, whereof a balance of ¢13,968.95 belonged to the
said family. <o:p></o:p>(4) About
one week later the said family opened a current account with the Ghana
Commercial Bank, High Street Branch, Accra; into which the said ¢13,968.95 was
paid. The signatories on the said current account were the plaintiffs and the
defendants, any two of whom could draw on the account. <o:p></o:p>(5) On
the date of payment in as aforesaid, the first plaintiff and the second defendant
by cheque made the first drawing out, of the sum of ¢5,000 for use in funeral
rites by the said family, leaving intact in the said bank account the credit
balance of ¢8,968.95. <o:p></o:p>(6) In or
about the third week of August 1977 the defendants against the express
opposition of the plaintiffs withdrew more than one-half of the said credit
balance from the said account and in breach of trust expended the same in
Homowo festivities. <o:p></o:p>(7) On 13
September 1977 the first defendant collected from the Chief Lands Officer,
Accra, for and on behalf of the said family, a cheque, from the Ministry of
Finance in his name for ¢160,547.40 which was the part-payment of compensation
money due to the said family under and by virtue of the compulsory acquisition
of its land at Awudome, A</main>