ABUSUAPANYIN KOBINA ANOBIL VS ANTHONY KWAME NYAME
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Civil Procedure
- Evidence Law
- Family Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, head of the Aduana-Abiradze family, contends his removal was improper and seeks various declarations and an injunction. The Defendant, claiming Plaintiff was removed by the family for his actions, countersued. The Court concluded that the Plaintiff was not properly removed as per the required procedural standards, making the appointment of the Defendant invalid. The Plaintiff's claims were upheld without costs.
This action has been instituted by the Plaintiff against the Defendant for the following reliefs: a. A declaration that the Plaintiff is the substantive head of the Aduana-Abiradze family of Twifo Hemang not having been removed by any customary process; b. A declaration that the purported installation of the Defendant as the successor of the Plaintiff when the Plaintiff has not been removed as head of the family is void and inconsequential; c. An order of perpetual injunction restraining the Defendant herein, his agents, assigns, privies, workmen and all those claiming through him from usurping the Plaintiff’s position as Head of the Aduana-Abiradze Family of Twifo Hemang d. Costs e. An order of grant of any other relief that this Honourable Court may deem fit to grant in the circumstances.
The facts of this case are straightforward.
The Plaintiff’s case is that he has been the Head of family for seventeen (17) years having been installed in 2005. During this period, he commenced an action against the Omanhen of Twifo Traditional Area, Nana Amoah Sasraku IV for his decision to prevent the Plaintiff’s family from burying their deceased relatives for the reason that two of the Plaintiff’s family members had sat with the Omanhen’s adversary during one of the siꢀings of the Judicial Commiꢀee of the Regional House of Chiefs.
Further to this, the Plaintiff successfully obtained an order of injunction against the Omanhen and this paved way for the burial of the dead relatives.
The Omanhen became aggrieved by the turn of events and started instigating the removal of the Plaintiff as Head of family although, according to the Plaintiff, the Omanhen is not a member of the family.
Out of fear for the Omanhen, some members of the Plaintiff’s family petitioned the Acting President of the Traditional Council by a leꢀer containing some untrue allegations.
A copy of the said leꢀer titled “Aduana Benkum Family’s Grievance with Abusuapanyin Anobil” was given to the Plaintiff.
Upon receipt of the said leꢀer, the Plaintiff caused his lawyer to respond to the allegations contained therein thus, denying all the allegations levelled against him.
According to the Plaintiff, he was never invited and has never been invited by even a single member of the family to answer any charges at any forum concerning his position as Head of family.
The Plaintiff says that on 23rd May, 2022 he was at home when he had information that the Defendant herein has been appointed to succeed the Plaintiff as Hea