OPANIN MANUKURE SAMPONG AND OTHERS
V.
OPANIN KWAKU AMPADU AND OTHERS

(1999) JELR 69528 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 48/98. ·  17 Feb 1999 ·  Ghana
CORAM
ESSILFIE-BONDZIE JA. (PRESIDING), AMONOO-MONNEY JA, OWUSU-ANSAH JA
Core Terms Beta
1st plaintiff
head of family
opanin daaku
defendants
evidence
plaintiffs
properties
2nd defendant
law
learned trial judge
occupant of the gyasewa stool
1st defendant
family property
paragraph
customary successor
statement of defense
second occupant of the gyasewa stool
capacity of the plaintiffs
cross-examination
head of the asona family of abetifi
plaintiffs claim
principal members
property of opanin daaku
son of afua diyea
statement of claim
adonten stool of kwahu ie
black stool
customary successor of the past occupant of the stool
daaku asona family
date of judgment
decision of the high court koforidua
gyasewa stool of abetifi
head of family of the daaku asona family
head of the asona family
immediate enjoyment of the beneficial interest
immediate family
judgment of her lordship mrs. justice adinyira
late baffour okyere sampong
meeting of the whole family
members of the daaku asona family of kwaaman
next relevant grounds of appeal
number of grounds
opanin daaku’s self
said substool
subject matter
supreme court decision
tail end of her judgment
totality of the evidence
trial judge

ESSILFIE-BONDZIE, JA.

This appeal is from the decision of the High Court Koforidua, contained in the judgment of Her Lordship Mrs. Justice Adinyira dated 15th October 1996. The plaintiffs issued a writ against the defendants claiming as head of family and principal members respectively of the Kwaku Daaku Asona family of Abetifi declaration of title to parcels of land described as lots 1-8 endorsed on the Writ of Summons, recovery of possession of lots 1-8 endorsed on the writ, perpetual injunction restraining the defendants, their servants etc from entering or interfering with the properties and an account of monies in rents etc from 21st October 1991 to date of judgment.

The undisputed fact in this case is that all the plaintiffs and all the defendants are members of the Daaku Asona family of Kwaaman and Abetifi. The parties do not dispute the fact that the Adonten Stool of Kwahu ie the then Abetifihene created a Black Stool for the Daaku Asona Family. The said substool created was cal…

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