ASAFOATSE KWETEY AKORSORKU III SUBSTITUTED BY: ASAFOATSE NARTEY WAYO AKAMISA II vs. ANDREWS NARH-BI (DECEASED) SUBSTITUTED BY: JOHN OBODAI NYONGMO BEDAI AND 3 OTHERS [2019]DLHC8777

ASAFOATSE KWETEY AKORSORKU III SUBSTITUTED BY: ASAFOATSE NARTEY WAYO AKAMISA II... [2019]DLHC8777

Date	2019-02-27
Suit No.	SUIT NO. FAL/468/11
Citation No.	[2019]DLHC8777

HIS LORDSHIP JUSTICE ANTHONY OPPONG

HON. ALEXANDER ABBAN ESQ. FOR PLAINTIFF

MR. LAWRENCE KWAKU ANSAH ESQ. FOR DEFENDANTS

[2019]DLHC8777
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													<main id="main" class="content" style="min-height: 60rem" >ASAFOATSE KWETEY
AKORSORKU III (PLAINTIFF)<o:p></o:p>SUBSTITUTED
BY: ASAFOATSE NARTEY WAYO AKAMISA II<o:p></o:p>vs.<o:p></o:p>ANDREWS
NARH-BI (DECEASED) (DEFENDANTS)<o:p></o:p>SUBSTITUTED
BY: JOHN OBODAI NYONGMO BEDAI AND 3 OTHERS<o:p></o:p>[HIGH COURT,
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">

SUIT NO. FAL/468/11&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:
27TH FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>HON.
ALEXANDER ABBAN ESQ., FOR PLAINTIFF&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
LAWRENCE KWAKU ANSAH ESQ., FOR DEFENDANTS<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS LORDSHIP JUSTICE ANTHONY OPPONG<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This
suit was mounted by a family of Old Ningo. The name of that family is
Djangmaku. One Asafoatse Kwetey Akorsorku III, in his capacity as the head of
the said family instituted the action, for all intends and purposes, on his own
behalf and on behalf of the said Djangmaku family of Old Ningo. The action was
originally against five Defendants. The first and third Defendants died in the
course of the pendency of the proceedings and unlike the third Defendant, the
first Defendant was duly substituted.<o:p></o:p><o:p>&nbsp;</o:p>The action of Plaintiff was for declaration of title to a
parcel or piece of land lying at Ladorwayo, the size of which was stated as
1,500 acres and it was described as bounded on the North-West by land at
Odumse, the property of the Akugbey family of Lowe, Ningo; on the South-East by
land at Nihetsokunya, the property of Okubeng family of Lowerkponor, Ningo; on
the South-West by land along the Mangotsonya boundary, the property of the
Djangmaku family; on the North-West by land at Vakpo, the property of Blemano
family of Bantama-Kabiawe, Ningo; on the South by Mangotsonya and on the West
by land at Otsebreku; Recovery of possession of the said land; Injunction to
restrain the defendants from entering, interfering and/or alienating portions
of the land sued for; Damages for trespass and costs inclusive of legal fees.<o:p></o:p><o:p>&nbsp;</o:p>As has been noted, this action was initiated by Asafoatse
Kwetey Akorsorku III, the then acclaimed head of the Djangmaku family on behalf
of the said family in accordance with Order 4 Rule 9 of the High Court (Civil
Procedure) Rules, 2004 (C.I. 47). However, on the 29th October 2013,
Asafoatse Nartey Wayo Akamisa II applied to replace Akorsorku III by
substitution. In the supporting affidavit of the said application, Akamisa II,
the deponent therein solemnly swore that Akorsorku III was “no longer the head of family of the
Djangmaku family of Old Ningo” and that he was the head of the Djangmaku
family of Old Ningo. If I understood Akamisa II, the representation made to the
Court for the substitution was that Akorsorku III at a point in time was the
head of Djangmaku family but later ceased to be the head and that he Akamisa II
had duly been appointed as the next head of family of the Djangmaku family. But
by the subsequent showing of Akamisa II proved that that representation of
Akamisa II was false to his knowledge. For instance, in the Amended Statement
of Claim, it was pleaded that Akamisa II is the Head of family of Djangmaku
Wenguam of Ningo Traditional Area. Then also to the knowledge of Akamisa II,
the issue of headship of Akorsorku III was resolved by the Judicial Committee
of the Ningo Traditional Council on 25th November 2013 with the
declaration that “Asafoatse Kwetey Akorsorku III herein referred to as Plaintiff
is the substantive Asafoatse of Trominya” <o:p></o:p><o:p>&nbsp;</o:p>It may be observed further that when Akorsorku III sued, the
claim was that the disputed land belongs to the Djangmaku family of Old Ningo but
when Akamisa II came in to replace Akorsorku III he introduced a change that
the disputed land rather belongs to Djangmaku Wenguam division of the Djangmaku
family or clan. As a matter of fact, Akamisa II indicated clearly that there
are twelve divisions/clans that make up the Djangmaku clan. According to him, they
were Wenguam, Wewayom, Trominya, Kabueku, Anumasa, Suoryinya, Awulawe, Denchira,
Djangepiese, Oyilepiem, Manya and Sesisi. By this showing, the Court would want
to believe that Djangmaku family is not the same as Djangmaku Wenguam family,
the former being the composite clan and the latter being a sub division of the
composite clan.<o:p></o:p><o:p>&nbsp;</o:p>