ANKRAH
V.
ANKRAH AND OTHERS

(1995) JELR 69464 (CA)    
Court of Appeal  ·  2 Nov 1995 ·  Ghana
CORAM
LAMPTEY JA, FORSTER JA, BENIN JA
Core Terms Beta
plaintiff
applicant
defendants
suit
head of family
court
3rd defendant
trial judge
action
defendant
high court
issue
head of the ankrah family
joseph adjabeng ankrah
paragraph
reasons
rules
statement of defence
civil procedure
elders of the family
members of the ankrah family
okanta atesua ankrah
statement of claim
applicant’s case runs counter
behalf of the defendant
common question of law
first ground of appeal
following averment
head of the ankrah family of accra
headship of the ankrah family
instant action
instant suit
issue of the headship of the ankrah family
jacob nii ankrah
lower court
main issue
mantse ankrah family palace
members of the family
nii ayi ankrah
occupant of the mantse ankrah family stool
position of plaintiff
practical purposes
present case
purposes of this appeal
reliefs
said palace
sections of the said family
standing of the applicant
suit no ca
support of his application

LAMPTEY JA.

The plaintiff, Joseph Adjabeng Ankrah also known as Nii Ayi Ankrah I in his capacity as the head of the Ankrah family of Accra took action in the High Court, Accra against Jacob Nii Ankrah and three others and sought three reliefs against them jointly and severally. For purposes of this appeal the third relief is relevant and is reproduced as follows:

“a declaration that the defendants who are disgruntled members of the family cannot elect another head of family when the plaintiff the head of family is not removed.”

It will be seen from the statement of claim filed with the writ of summons that the defendants openly threatened to remove and replace the plaintiff as the head of the Ankrah family. In paragraph 5 of the statement of claim appears the following averment:

“5. In Suit No CA 72/78 entitled:

State Applicant

v

Chief Lands Officer and 3 others Claimants.

Some members of the Ankrah family tried to challenge the position of plaintiff as head of family but lost the action.”

In…

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