EBUSUA PANYIN KOFI ESSUON v. CHARLES KOFI BOHAM

ANIN YEBOAH J.S.C; -

On the 21/05/2014, we allowed the appeal in this case and reserved our reasons. We now proceed to give our reasons.

The facts of this appeal appear not to be in any controversy whatsoever as the case was not determined on the merits at the trial court. The facts of this appeal as by the Court of Appeal are as follows:

“On the 5th of June, 1981 EBUSUAPANYIN KOFI CHARLES BOHAM, the plaintiff therein, hereafter referred to as respondent issued out a Writ of Summons against Opanyin Kofi Kwei and Opanyin Kweku Annan in Suit № CS.122/81 entitled

EBUSUAPANYIN KOFI CHARLES BROWN ….. PLAINTIFF

VRS

1. OPNAYIN KOFI KWEI SUBSTITUTED

BY KOFI ESSON ….. DEFENDANTS

2. OPANYIN KWEKU ANNAN

Kofi Esson who was substituted by the order of the High Court, dated 23-7-85 in place of the 1st defendant, who had died, will hereafter be referred to as the appellant.

The original Writ of Summons, later amended on 10-8-1992 had the following reliefs;

1. Declaration that he is the principal Ebusuapanyin of the Buturnan Anona Ebusua of Tetter Kessim near Elmina and that the Ebusua comprises of 8 sections and not the 2 sections represented by the defendant only.

2. Recovery of the Bombe drums, Amankwa drums and all the associated equipment for the male and female drumming and singing groups of the Ebusa.

3. Recovery of the State Whisk.

4. Perpetual injunction restraining the defendants, their representatives, agents, workmen from misrepresenting the 1st defendant as the principal Ebusuapanyin of the Buturnyan Anona Ebusua of Tetter Kessim.

5. Perpetual Injunction restraining the defendants, their agents, representatives, workmen from acts misrepresenting their two sections only as comprising the Buturnyan Anon Ebusua of Tetter Kessim.

The defendants therein, herein appellants resisted these claims and filed a counterclaim also seeing similar declarations.

In the meantime, Suit № CS.57/91 had been instituted and intituled as follows;

EBUSUAPANYIN KOFI ESSON & ANOTHER …..PLAINTIFFS

VRS

KOFI CHARLES BOHAM ….DEFENDANT

In the above Suit, plaintiffs therein, herein Appellants claimed against the defendant therein, herein respondent the following reliefs;

a) “ A declaration that the defendant herein is not the Ebusuapayin of Nana Buturnyan Anona Family of Tetter Kessim”

b) “ Perpetual Injunction restraining the defendant from in anyway whatsoever describing himself as the Ebusuapanyin of Nana Buturnyan Anona Family of Tetter Kessim

In an amende