AKWELEYFIO OKPELOR SOWAH & ORS v. NII ADJEI KATI & ORS

JUDGMENT

DOMAKYAAREH (MRS) J. A. Sitting as Additional High Court Judge.

1. Before the court is a Motion on Notice filed on behalf of the applicant herein on 5th August 2015 praying the court for an order to join the said applicant Nii Okpelor Jacob Ablorh Mensah as the 5th defendant to this suit.

2. The affidavit in support of the motion averred that:

· the applicant is the current head and lawful representative of the Okpelor Sowah Din family of Teshie;

· following a customary arbitration held on 27th March 2012, the applicant was made the substantive Head of the Okpelor Sowah Din family while the 4th defendant was recommended to be confirmed as the chief of Nmai Dzorn.

· the instant suit is founded on a claim that the 4th defendant has been appointed as the Head of the Okpelor Sowah Din Family.

· he the applicant will be adversely affected and bound by the outcome of the suit if he should sit by and watch the case go on

· his joining the suit will help unravel the controversy of who is the head of the Okpelor Sowah Din Family

· he should be joined to the suit as 5th defendant to protect his interest as the substantive Head of the Okpelor Sowah Din Family

3. The plaintiffs and the defendants all filed affidavits in opposition to the application.

4. In a supplementary affidavit in support filed on 14th December 2015, the applicant denied all the material facts raised in the affidavit in opposition save those expressly admitted or by necessary implication.

5. The defendants opposed the application for joinder through an affidavit in opposition deposed to on their behalf by the 1st defendant and filed on 4th September 2015. They averred that:

· in the unreported Court of Appeal case of Dede Kosey Yohunu & Anor v Annie Kumah Agbeti & 3 Ors Civil Appeal No. H1/50/10, dated 15th May, 14 it was held that the applicant is not the Head of family of the Okpelor Sowah Din Family of Teshie,

· in consequence of the disobedience of above Court of Appeal judgment by the applicant by the publication in the Daily Graphic Newspaper of Friday June 8, 2012 to the effect that he was still the head of family, the applicant was cited for contempt with same contempt application still pending. The said contempt application was filed on 13th October 2014.

· by virtue of the Court of Appeal judgment which has not been set aside or overturned on appeal, the issue of the headship of the Okpelor Sowah Din family has become res judicata and cannot be reopened in th