ANKRAH AND ANOTHER v. HANSEN AND ANOTHER

JUDGMENT OF EDWARD WIREDU J.A.

There are two appeals involved in this case. The first and the more important of the two involves a consideration of the extent to which the courts can legitimately intervene [p.850] to entertain an action for accounts brought against a head of family by members of his family in respect of family funds in his hands whilst he holds office. The second is an appeal brought against a ruling of the High Court which refused an application for joinder brought on behalf of some principal members of the plaintiff's family to join the above suit as co-defendants.

The facts of this case which have provoked the present appeal may be briefly stated as follows: The plaintiffs-respondents, hereafter referred to as the first and second plaintiffs respectively, in the manner in which they are described on the writ of summons, and the defendants-appellants, who will hereafter also be referred to as the first and second defendants, are all members of the Mantse Ankrah Family of Otublohum. This family comprises three branches, namely, the Ankrah, Okanta and the Ayi. The first defendant, on the facts before the court, is the overall head of the family. The first and second plaintiffs are the branch heads of the Ankrah and the Ayi branches respectively, whilst the second defendant is the branch head of the Okanta branch of the family.

The plaintiffs in their capacities as branch heads of the Ankrah and the Ayi branches of the family on or about 20 December 1977 issued out of the High Court, Accra, a writ against the defendants with the following endorsement:

"STATEMENT OF CLAIM

The plaintiffs jointly and severally claim against the defendants jointly and severally:

1. An account of the following sums received by the first defendant for and on behalf of the Mantse Ankrah Family of Dadebanna Otublohum, Accra that is to say:

(a) ¢160,547, the proceeds of a cheque from the Ministry of Finance, Accra on 13 September 1977.

(b) ¢13,968.95, being part of an amount, from the High Court, Accra on 30 March 1977.

(c) ¢4,000 received by the defendants from the Ghana Commercial Bank, High Street Branch, Accra in or about August 1977.

2. An account of all sums received by the defendants for and on behalf of the said family in respect of its land at Awudome or North Kaneshie, Accra, since 22 December 1976.

3. An order upon the defendants to pay to the credit of the said family's current account with the said branch bank whatever sums are found due