NII BOYE JOHN, NII KORMETTEH OKANG AND NII KPEWIE SOWAH
V.
NII BOYE KUMAH AND 5 OTHERS

(2019) JELR 65607 (HC)    
High Court  ·  SUIT NO: BFA 20/2012 ·  27 Mar 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiffs
defendants
1st defendant
court
4th defendant
evidence
statement of defence
nii boye kumah
asafoatse omrugu
badu anuaku
head of ashia
customary rites
nii adjei osabu kwao
substantive head of ashia
court’s opinion
further declaration
opinion of the court
1st defendant nii boye kumah
above statement
caretaker head of family of ashia
caretaker position
defendants’ ancestors moni
descendants of the present defendants
determination of a case
evidence act
laryea pacheco
leadership of the said family
legal issues
lengthy statement of defence
long time
membership of the ashia we family
members of the ashia we family of teshie
nii okang pako
nii osabu adjei kwao’s brother
nii osabu adjei kwao’s brothers
osabu adjei kwao family
plaintiffs claim
plaintiffs reliefs
plaintiff state
plaintiffs’ use
proverbial symbol anuaku sewahu
qualified head of family
sowah kwao
stated provisions
statement of claim
sufficient evidence
testimony of nii sowah kpewie

JUDGMENT

Introduction:

[1] I will prefix this judgment with the quote attributed to the English Judge Lord Edmund-Davies, made many years ago but often ignored. He said that “Litigation is not an activity that has contributed markedly to the happiness of mankind”. Like many people in the past the parties herein who claim to be members of the Ashia We Family of Teshie have also ignored the above statement. The parties are divided over their membership of the Ashia We family and in this suit are contesting who is the qualified Head of Family among other issues.

[2] This Court is charged with determining the legal issues surrounding their membership including a declaration that there is no substantive head of Ashia We and that the 1st Defendant was only appointed as a caretaker head of family of Ashia We and not its head and whether or not two divisions, that is Badu Anuaku and Nii Adjei Osabu Kwao constitute Ashia We or four divisions constitute Ashia We. Unfortunately, in the opinion of t…

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