ANKRAH AND ANOTHER vs. HANSEN AND ANOTHER [1980]DLCA1557

Date	1980-12-18
Suit No.
Citation No.	[1980]DLCA1557

JIAGGE JA

EDUSEI JA

EDWARD WIREDU J.A.

S. A. X. TSEGAH FOR THE APPELLANTS.

FUI TSIKATA FOR THE RESPONDENTS.

[1980]DLCA1557
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													<main id="main" class="content" style="min-height: 60rem" >ANKRAH AND ANOTHER <o:p></o:p>vs. <o:p></o:p>HANSEN AND ANOTHER<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1980] GLR 847<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:
18
DECEMBER 1980<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">

S. A. X. TSEGAH FOR THE APPELLANTS.<o:p></o:p>

FUI TSIKATA FOR THE RESPONDENTS.<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 0in 0in">

JIAGGE, EDUSEI AND EDWARD WIREDU JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDWARD WIREDU J.A.<o:p></o:p>There are
two appeals involved in this case. The first and the more important of the two
involves a consideration of the extent to which the courts can legitimately
intervene to entertain an action for accounts brought against a head of family by
members of his family in respect of family funds in his hands whilst he holds
office. The second is an appeal brought against a ruling of the High Court
which refused an application for joinder brought on behalf of some principal
members of the plaintiff’s family to join the above suit as co-defendants.<o:p></o:p><o:p>&nbsp;</o:p>The facts
of this case which have provoked the present appeal may be briefly stated as
follows: The plaintiffs-respondents, hereafter referred to as the first and
second plaintiffs respectively, in the manner in which they are described on
the writ of summons, and the defendants-appellants, who will hereafter also be
referred to as the first and second defendants, are all members of the Mantse
Ankrah Family of Otublohum. This family comprises three branches, namely, the
Ankrah, Okanta and the Ayi. The first defendant, on the facts before the court,
is the overall head of the family. The first and second plaintiffs are the
branch heads of the Ankrah and the Ayi branches respectively, whilst the second
defendant is the branch head of the Okanta branch of the family.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs in their capacities as branch heads of the Ankrah and the Ayi
branches of the family on or about 20 December 1977 issued out of the High
Court, Accra, a writ against the defendants with the following endorsement:<o:p></o:p>“STATEMENT
OF CLAIM The plaintiffs jointly and severally claim against the defendants
jointly and severally: 1. An account of the following sums received by the
first defendant for and on behalf of the Mantse<o:p></o:p>Ankrah
Family of Dadebanna Otublohum, Accra that is to say: (a) ¢160,547, 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. (c) ¢4,000 received by the defendants from the Ghana Commercial Bank,
High Street Branch,<o:p></o:p>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. 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 said accounts.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
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><o:p>&nbsp;</o:p>INDORSEMENT
OF CAPACITIES<o:p></o:p>The first
plaintiff sues as head of the Ankrah section of the said family. The second
plaintiff sues as head of the Ayi branch of the said family. The first
defendant is sued as overall head of the three branches of the said family. The
second defendant is sued as head of the Okanta branch of the said family.<o:p></o:p>An
appearance was entered on behalf of the defendants on or about 28 D</main>