JAFRO MENSAH LARKAI vs. THE R. T. PRESBYTERNIAN CHURCH [2019]DLHC8967

Date	2019-02-19
Suit No.	SUIT N0. FAL/621/14
Citation No.	[2019]DLHC8967

BEFORE HIS LORDSHIP JUSTICE S. H. OCRAN

REV. GOERGE OBENG ADJEI HOLDING BRIEF FOR SOMUAH ASAMOAH FOR ARTHUR HAMMOND QUARCOO

PLAINTIFFS COUNSEL ABSENT

[2019]DLHC8967
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													<main id="main" class="content" style="min-height: 60rem" >JAFRO MENSAH LARKAI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>THE R. T. PRESBYTERNIAN
CHURCH<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (LAND DIVISION 5), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
N0. FAL/621/14&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
19TH FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>REV. GOERGE OBENG ADJEI
HOLDING BRIEF FOR SOMUAH ASAMOAH FOR ARTHUR HAMMOND QUARCOO<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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PLAINTIFFS
COUNSEL ABSENT<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;
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BEFORE HIS LORDSHIP JUSTICE S. H. OCRAN<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>The defendant in this suit has applied
to consolidate this suit with suits numbers IRL/161/09, FAL 58/09, FAL 59/09,
which suits have all been consolidated.<o:p></o:p>In all the consolidated suits, the
defendant in this suit is either the defendant or one of the defendants.&nbsp; In suit number IRL/161/09 the defendant in
this suit and Arthur Hammond Quarcoo are the defendant.<o:p></o:p>In suit Number FAL 59/09 Arthur Hammond
Quarcoo is the Plaintiff and the Present Defendant is the defendant.<o:p></o:p>The Plaintiff in this suit is not a
party in the already consolidated suits.&nbsp;
It is however interesting to note that in all the consolidated suits,
that Arthur Hammond Quarcoo appeared, he was sued or he sued as head of
Onamrokor Adain Family.&nbsp; The Party properly
speaking is therefore the Onamrokor Adain family.&nbsp; The Plaintiff in this suit Jafro Mensah
Larkai has described himself as Head of Onamrokor Adain Family&nbsp;&nbsp; The import is that the Onamrokor Adain family
is the Plaintiff in this suit.&nbsp; <o:p></o:p>Under Order 4 Rule 9 of C.I 47 it is
stated in subrule 2 as follows “the head of a family in accordance with
customary law may sue and be sued on behalf of or as representing the family.<o:p></o:p>3)&nbsp;
If for any good reason the head of a family is unable to act or if the
head of a family refuses or fails to take action to protect the interest of the
family, any member of the family may subject to this rule sue on behalf of the
family,<o:p></o:p>4)&nbsp;
Where any member of the family sues under subrule (3)&nbsp; a copy of the writ shall be served on the
head of family<o:p></o:p>5)&nbsp;
A head of family served under subrule (4) may within three days of
service of the writ apply to the Court to object to the writ or be substituted
as Plaintiff or be joined as plaintiff.<o:p></o:p>In the suits above referred to, both
Jafro Mensah Larkai and Arthur Hammond Quarcoo instituted their respective
actions as head of Onamrokor Adain family.&nbsp;
There was therefore no need to serve a copy of the writ on any of the
two persons who claim to be heads of the family.<o:p></o:p>The Defendants application for
consolidation was served on Mr. James Ahenkorah on 3rd December 2014.
Since 3rd December 2014, Mr. James Henkorah became aware that Arthur
Hammond Quarcoo had been sued as head of Onamrokor Adain Family and he has also
sued some persons in his capacity as head of the very family that his client
claims to be its head.<o:p></o:p>To date he has not taken any step to
have Arthur Hammond Quarcoo’s name struckout and substitute his clients name as
the representative of the family, since Jafro Mensah Larkei claims to be the
head of that family.&nbsp; There is however no
need for Arthur Hammond Quarcoo to join the present Plaintiffs suit which was
issued on 23-4-14 since he had already taken action against the defendant in
suit number FAL 59/09 issued on 26th June 2009.<o:p></o:p>In this application Arthur Hammond
Quarcoo has resisted the application for consolidation.&nbsp; He has also relied on decided cases to oppose
the consolidation. Jafro Mensah Larkai is however not opposed to the
application for consolidation e</main>