THE REPUBLIC vs. JAFRO MENSAH LARKAI AND 4 OTHERS [2012]DLCA6617

Date	2012-03-29
Suit No.	CIVIL APPEAL NO: H1/211/2011
Citation No.	[2012]DLCA6617

YAW APPAU J.A. (PRESIDING)

GYAESAYOR J.A.

ACQUAYE J.A

MR. JAMES AHENKORAH FOR RESPONDENT'S/APPELLANT'S

MR. A.G. BOADU FOR THE APPLICANT/RESPONDENT

[2012]DLCA6617
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT'S /
APPELLANT'S)<o:p></o:p>vs.<o:p></o:p>JAFRO MENSAH
LARKAI AND 4 OTHERS<o:p></o:p>(APPLICANT/RESPONDENT)<o:p></o:p><o:p>&nbsp;</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;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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APPEAL NO: H1/211/2011 &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: 29TH MARCH, 2012<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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APPLICANT/RESPONDENT <o:p></o:p>

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115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">YAW APPAU J.A. (PRESIDING),
GYAESAYOR J.A., ACQUAYE J.A<o:p></o:p>

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</div>YAW
APPAU. J.A. <o:p></o:p>On
the 12th day of April 2002, one B.A. Quarcoo (deceased) and the 1st appellant
herein Jarfro Mensah Larkai, describing themselves as Head and Assistant Head
respectively of the Onamrokor Adain Family of Accra, and other members of the
family all numbering seventeen (17) in all, caused a publication to be made in
the Friday issue of the Daily Graphic through their solicitor J. Ayikoi Otoo,
Esq. The publication was to the effect that the said family at a family meeting
dated 25th March 2002, had unanimously appointed the said B. A. Quarcoo as Head
of the family and the 1st appellant herein Jarfro Mensah Larkai as his
assistant. <o:p></o:p>The
publication stated further that the public should deal with the said B. A.
Quarcoo and his assistant Jarfro Mensah Larkai in all matters concerning their
family property from the date of that publication but not with Paul Ayitey
Tetteh who had been parading as the Head of the family though he was not, and
his cohorts including one Robert Hyde. <o:p></o:p>This
publication infuriated Paul Ayitey Tetteh who thought he was the head of the
Onamrokor Adain Family. He therefore instituted an action in the High Court,
Accra against B. A. Quarcoo and Jarfro Mensah Larkai (the 1st appellant herein)
in their personal capacities for usurping his authority or position as head of
the Onamrokor Adain Family (hereinafter referred to as the Family). He sued for
himself and as head of the Onamrokor Adain family. This action was initiated on
18th October 2002 with Suit No F 2453/2002. The specific reliefs Paul Ayitey
Tetteh sought for in the action were:— <o:p></o:p>a. A declaration that he Paul Ayitey
Tetteh had been head of the Onamrokor Adain Family since 1994 and had remained
so since. <o:p></o:p>b. Perpetual Injunction restraining
the defendants (i.e. B. A. Quarcoo and Jarfro Mensah Larkai — 1st appellant
herein), from holding themselves out as Head and Assistant Head of the
Onamrokor Adain Family. <o:p></o:p>c. A declaration that by a judgment of
the Court of Appeal dated 16th December 1981, the 1st defendant B. A. Quarcoo
is stopped from ever contesting the headship of the Onamrokor Adain Family. <o:p></o:p>d. General Damages for personal
injuries done to plaintiff as a result of the activities of defendants since
2002. <o:p></o:p>e. Publication denying the earlier
publication pronouncing the defendants as head and assistant head respectively
of the Onamrokor Adain Family, and <o:p></o:p>f. Costs. <o:p></o:p>Unfortunately,
before the above matter could be heard, the plaintiff Paul Ayitey Tetteh died.
He died on 4th October 2004; almost two and half years after instituting the
action. The trial court could not therefore determine the issue as to whether
or not he was indeed the head of his family and had been such head since 1994,
before his death. <o:p></o:p>Since
the headship of the Onamrokor Adain Family had divided the family into two
opposing camps, as the trial court and subsequently this Court and the Supreme
Court rightly found out, the B. A. Quarcoo and Jarfro faction (which is the 1st
appellant's faction) resisted attempts by the late Paul Ayitey Tetteh's faction
then led by the respondent herein Arthur Hammond Tetteh Quarcoo after the death
of Paul Ayitey Tetteh, from burying the late Paul Ayitey Tetteh at the family
cemetery reserved for heads of the family since according to them, his position
as the</main>