ENOCH FRANCIS ANNAN TETTEH v. JOSEPH ADJEI OSABUKLE & 8 ORS

POKU- ACHEAMPONG, JA:

This is an interlocutory appeal from the High Court, Accra against the Trial Judge’s ruling of 29th January, 2019.

The Plaintiff/Applicant/Appellant (hereinafter referred to as the Appellant) issued a Writ at the High Court on 2/5/18 against the Defendants/Respondents/Respondents (hereinafter referred to as the Respondents) claiming the following reliefs:

a. A declaration that Plaintiff is the lawful head of family of the Okpong We Family.

b. A declaration that Nuumo Adjei Kwanko and his elders have no authority to strip Plaintiff of his position as the Head of the Okpong We Family.

c. A declaration that the Defendants have no capacity to alienate any portion of the Plaintiff’s family land.

d. An order setting aside any grants by Defendants on Plaintiff’s family land without Plaintiff.

e. Perpetual injunction restraining any of the Defendants herein, their assigns, privies, agents, grantees or any person(s) authorized by them from holding himself as the head of family or recognizing any other person as the head of family or interfering with his position and performance of his duties as head of the Okpong We family in any manner so far as the Plaintiff remains the head of the Okpong We Family.

f. Perpetual injunction restraining the Defendants herein, their assigns, privies, agents, grantees, workers or any person(s) authorized by them or claiming through them from entering alienating or developing any portion of the Okpong We Family land or interfering with same in any manner without the Plaintiff in his capacity as the head of Okpong We Family.

g. General damages.

h. Recovery of possession of any portion of Plaintiff’s family land alienated by Defendants without the Plaintiff.

i. Cost.

The Appellant also filed an injunction on the 2nd day of May, 2018 seeking to restrain the Respondents herein, their assigns, privies, or any person(s) authorized by them or claiming through them from:

i. Holding himself or themselves as the head of family or recognizing any other person as the head of the Okpong We Family or interfering with the position of Plaintiff or performance of his duties as head of the Okpong We Family or forcibly entering the family house to hold any family meetings without the invitation and approval of the head of family pending the determination of this suit; and

ii. Entering, alienating or developing any portion of the Okpong We family land or interfering with same in any manner without the Plaintiff.

The R