DANKWA v. TWUM

Justice Baidoo considered a motion by Yaw Dankwa, who claimed to have been appointed head of the Asona family of Agona Nyakrom, to substitute himself for Obaahimaa Abina Twum as plaintiff in a long-running family land dispute regarding ancestral land “Sampraku.” Twum had filed the case in 1968, pleaded she was caretaker of the Agona stool (Adasemase section) and the most senior female/head of the family, and strenuously opposed Dankwa’s purported appointment. The defendant, a native of Gomoa Obiri resident at Agona Swedru, admitted the land’s family character and put Twum to proof of capacity, while asserting a purchase. Noting multiple parallel suits and a test case before Griffiths-Randolph J., the court refused to displace Twum, emphasizing that a plaintiff cannot be forced to stop litigating. To avoid multiplicity and ensure full representation of a family split into Dankwa and Twum factions, the court exercised joinder powers under Order 16 of the Supreme [High] Court Civil Procedure Rules, adding Dankwa as co-plaintiff, gave him seven days to file a statement of claim, and cited authorities on joinder, necessary parties, and procedural flexibility.