ABUSUAPANYIN KOBINA ANOBIL VS ANTHONY KWAME NYAME
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Family Law
- Evidence Law
- Civil Procedure
AI Generated Summary
At the High Court, His Lordship Justice Bernard Bentil adjudicated a dispute within the Aduana-Abiradze Benkum family of Twifo Hemang concerning the headship of the family. Plaintiff Abusuapanyin Anobil, installed in 2005, sought declarations that he remained head of family and that Defendants installation was void, plus an injunction. The conflict followed Anobils successful injunction against the Omanhen of Twifo Traditional Area, Nana Amoah Sasraku IV, which enabled burials despite the Omanhens opposition. Plaintiff maintained no meeting was convened to hear or remove him. Defendant asserted the family, frustrated by Plaintiffs refusal to attend meetings and perform duties, resolved at a 16 May 2022 meeting to remove him and appoint Defendant, notifying the Acting President of the Twifo Hemang Traditional Council. Applying Ghanaian civil evidentiary burdens and customary law on family head removal and appointment, the Court found Plaintiff had no notice of the 16 May meeting, rendering the removal a nullity and the appointment invalid. Judgment was entered for Plaintiff on all reliefs; costs were not awarded.