EBUSUAPANYIN KOFI DUKU (DEC) vs. NANA YARTEL II [2008]DLCA7452

Date	2008-04-03
Suit No.	CIVIL APPEAL NO. 4/2003
Citation No.	[2008]DLCA7452

MRS. ABBAN J.A. [PRESIDING] KANYOKE J.A.

BAFFOE-BONNIE J.A.

[2008]DLCA7452
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													<main id="main" class="content" style="min-height: 60rem" >EBUSUAPANYIN
KOFI DUKU (DEC)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">NANA YARTEL II<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO. 4/2003&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:
3RD APRIL, 2008<o:p></o:p>

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

MRS.
ABBAN J.A. [PRESIDING] KANYOKE J.A., BAFFOE-BONNIE J.A.<o:p></o:p>

</div>JUDGMENT<o:p></o:p>BAFFOE-BONNIE,
J.A. <o:p></o:p>This is an appeal against the decision
of the High Court Cape Coast presided over by Her Lordship Mrs. Iris May Heward
Mills in which her Lordship found for the Plaintiff/Respondent and dismissed
the counterclaim of the Co-defendant. <o:p></o:p><o:p>&nbsp;</o:p>But before I come to the submissions of
counsel in their statements of case let me briefly recount the background of
this case.<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;As Plaintiff, the Respondent issued the writ
of summons claiming against the Defendant (originally)<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;1. A
declaration that it is Plaintiff, as head of ANONA EPIAM FAMILY OF AMAMOMA and
not the Defendant as chief of the town who is customarily empowered to alienate
portions of the family’s land with the consent and concurrence of the principal
members of its family. <o:p></o:p><o:p>&nbsp;</o:p>2. An order for accounts of
all proceeds from lands alienated by the Defendant to private purchasers and <o:p></o:p><o:p>&nbsp;</o:p>3. An order of perpetual
injunction restraining the Defendant, his servants, agents, representative,
assigns and all others claiming through the Defendant from alienating any
portion whatsoever of AMAMOMA lands which are owned by Plaintiffs ANONA EPIAM
FAMILY. <o:p></o:p><o:p>&nbsp;</o:p>On the service of the writ and statement
of claim, one Yaw Tawiah claiming to be the person appointed the new
Ebusuapanyin after the purported destoolment of the Plaintiff applied and was
joined to the action as the Co-defendant. In a joint statement of defence it
was averred that the Plaintiff misconducted himself as the head of family by
selling out portions of the family lands without the prior consent and
concurrence of the principal members of the family and issued receipts which
were not approved. For this misconduct, the family met, removed the Plaintiff
as the Abusuapanyin and installed the Co-defendant/appellant as the
Abusuapanyin. It is their case therefore that since his removal as head of
family the right to alienate family lands has fallen on the Defendant and
Co-defendant who have constituted a committee for that purpose. Proceeds from
the sale of these stool lands are also disbursed at the instance of this same
committee. That since the year 2000 the Plaintiff has customarily been removed
from office and therefore lacks the requisite capacity to bring this action.
The Defendant and Co-defendant then counterclaimed for <o:p></o:p>A
declaration that the Plaintiff has since October 2000 been customarily removed
from office as head of the Anona Epiam Royal Family of Amamoma. <o:p></o:p><o:p>&nbsp;</o:p>A
declaration that the Co-defendant has since October 2000 been customarily
appointed the head of the family<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;An order of perpetual injunction restraining
the Plaintiff from in anyway holding himself out as the head of the Royal
Family. <o:p></o:p><o:p>&nbsp;</o:p>It
was after the issues had been settled and a full trial that the trial judge
came out with the following judgment: <o:p></o:p><</main>