2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Kulendi JSC, dismissed an appeal by the Defendants/Appellants seeking to overturn concurrent decisions of the High Court (Probate and Administration Division) and the Court of Appeal that affirmed Solomon Mintah Ackaah as the substantive head of the Akwaanor Royal family of Ashalaja. The Appellants had argued their joint headship traced through their father and relied on Suit No. 1222/89, while challenging the Respondent’s lineage and authority to grant interests in Ashalaja lands. The Court struck concerns with the Appellants’ non-compliant second ground under Rule 6(2)(f), treated it as abandoned, and proceeded on the omnibus ground to rehear the matter. Crucially, the 1st Appellant admitted that Suit No. 1222/89 did not decide headship, engaging estoppel by admission. The Court restated that family headship is by appointment or election recognized by elders and declined to disturb the lower courts’ concurrent findings, dismissing the appeal.
KULENDI, JSC:-
INTRODUCTION
We have before us an appeal against the judgment of the Court of Appeal, confirming the judgment of the High Court (Probate and Administration Division) which held that the Plaintiff/Respondent/Respondent (hereinafter called “the Respondent”) is the true head of the Akwaanor Royal Family.
BACKGROUND
The background to this appeal is that the Respondent, by an amended Writ of Summons and Statement of Claim dated 25th April, 2014, sought the following reliefs against the Defendants/Appellants/Appellants (hereinafter called “the Appellants”):
i. A declaration that the Plaintiff is the substantive Head of the Akwaanor Royal family of Ashalaja;
ii. A declaration that the Defendants are not the Heads of the Akwaanor Royal family of Ashalaja;
iii. A declaration that any act or acts done by the Defendants in the purported capacity as Heads of the Akwaanor Royal family of Ashalaja is null and void;
iv. An Order directed at the Defendants to relinquish any asset of the Akwaanor family of Ashalaja that might have come into their possession by reason of them holding themselves out to be the Heads of the Akwaanor family of Ashalaja;
v. Perpetual injunction restraining the Defendants from holding themselves out as the Head of the Royal family of Ashalaja.
The Appellants, by an Amended Statement of Defence and Counterclaim amended after the Respondent had closed his case in the trial, claimed against the Respondent as follows;
i. A declaration that the Defendants have always been the heads or joint heads of the Akwaanor Royal family of Ashalaja;
ii. A declaration that the Plaintiff is estopped from styling or calling himself as lawful head of the Nii Akwaanor Royal family of Ashalaja;
iii. A declaration that the Plaintiff, his agents, assigns and witnesses hail from Moree in the Central Region and therefore cannot be members of the Nii Akwaanor Royal family of Ashalaja;
iv. A declaration that any land title document executed by the Plaintiff, his agents, assigns and privies in relation to the Ashalaja lands without lawful authority is null and of no legal effect;
v. An order directed at the Lands Commission and its divisions to expunge the records and registration of grants purportedly made by the Plaintiff, his agents, assigns, concerning Ashalaja lands;
vi. An order of perpetual injunction restraining the Plaintiff from styling or calling himself as the lawful head of the Akwaanor Royal family of Ashalaja;
vii. An order of pe