DAVID AKWETER NAKOTEY & EDWARD NUERTEY TETTEH v. TEYE JOSEPH & TETTEH & PASTOR KWESI EMMANUEL AND TEYE JOSEPH & TEYE MATTHEW TETTEH v. DAVID AKWETER NAKOTEY & EDWARD NUERTEY TETTEH (CONSOLIDATED)

The Court of Appeal, per Mensah-Homiah, J.A., addressed two consolidated appeals from the Circuit Court, Odumase-Krobo, arising out of Suit No. C1/05/2011 and Suit No. A1/08/2017. In the first suit, David Akwetey Nakotey and Edward Nuertey Te1eh, acting for the Ami-Narh family of Adjikpo-Adawuranya, sought title and related reliefs over family land; defendants challenged Nakotey1s capacity and counterclaimed. Defendants subsequently instituted the second suit mirroring their counterclaim. While trial and preliminary hearings were underway, the 1st defendant1s attorney invoked Order 23 rule 6(1) for judgment on admissions. On 3 August 2018, the trial judge, though no consolidation order existed, issued a single ruling granting the motion, holding Nakotey lacked capacity, and ordering the family to appoint the 1st defendant as head. The Court of Appeal held that the procedure and orders were legally unsustainable: judgment on admissions requires unequivocal admissions and cannot be used mid-trial; cross-examination was truncated, denying fair trial; and courts cannot appoint family heads. Both appeals were allowed, the motions dismissed, the rulings set aside, transfer recommended, and costs awarded.