J U D G M E N T
A family at Osu, Accra called and described as Briandt family issued the writ of summons per its head in accordance with Order 4 Rule 9(2) of the High Court (Civil Procedure) Rules, 2004 (C.I.47) against Defendants whom Plaintiff described as members of Brown family without indicating whether or not the Defendants are the heads of the Brown family.
For all intends and purposes Plaintiff’s cause of action was directed at a group of people, a family called Brown family. I may therefore say that it is somewhat paradoxical for Plaintiff to have acknowledged the law that it is the head of family who sues on behalf of or as representing the family but would not apply the same acknowledgement of the law in suing the Brown family per its head. In other words, when Plaintiff proceeded against the Brown family, it would have been expected that he should have sued the head of the Brown family just as he sued as the head of the Briandt family.
Plaintiff and for that…