NENE GBORVU AYIKU IV AND NUMO LARTEY AYIKU
V.
NUMO LARTEY AYIKU AND NENE TETTEH EYUM III

(2016) JELR 65391 (HC)    
High Court  ·  SUIT NO. E1/33/2015 ·  9 Dec 2016 ·  Ghana
CORAM
ALEXANDER OSEI TUTU J
Core Terms Beta
plaintiffs
court
first defendant
numo alfred quaye
larkpleh family
second defendant
family lands
larkpleh family of prampram
numo paul lartey ayiku
court of appeal
first defendant’s family members
good reason
nene tetteh ayum iii
statement of claim
cross examination
head of the ayikuwem division
head of the larkpleh family of prampram
larkpleh ancestors
overall larkpleh family
various documents
writ of summons
ansah jsc
capacity of the plaintiffs
civil appeal no. j4/29/2015
days of service of the writ
defendants’ family members
disputed area
documentary proof
first defendant’s statement
grants of the instant subject-matter
head of the kleh quarter of prampram
head of the oklewem division
high court civil procedure rules
issue form part of the first defendant
name ayiku wem
okle we family land
order of joinder
overall head of their larkpleh family of prampram
plaintiffs’ counsel
plaintiffs’ pleadings
plaintiffs’ reply
principal members of their respective divisions of oklewem
property of larkpleh family of miotso
question mark of the capacity
said family
support of their case
united states

JUDGEMENT

Background Facts

The Plaintiffs launched this action against the first defendant on March 13, 2013. The facts that culminated in the initiation of the suit briefly are that the first defendant’s family members are disposing of their (Plaintiffs) family lands without their consent and concurrence. Regrettably, the plaintiffs overall head of their Larkpleh family of Prampram, Numo Alfred Quaye who doubles as the head of the Ayikuwem Division had failed to act. The affected Oklewem and Ayikuwem Divisions met and tasked the plaintiffs to take action to protect their lands.

After the first defendant had entered an appearance with a defence, an order of joinder was granted by the Court adding Nene Tetteh Ayum III to the suit as the second defendant. Plaintiffs first amended their writ of summons and statement of claim to include the second defendant. It is instructive to know that the amendment of the writ of summons and the statement of claim was sought and filed twice; one in 2014 …

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