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…