Kwamina Siisi v. Prophet K. Boateng and Kofi Mensah

ASARE KORANG, J. A. - The Plaintiff/Respondent (Respondent for short hereinafter)describing himself as the head of the PITSIR KWAATA ANONA family of Upper Inchaban sued the Defendant, inter alia, for a declaration of title to a piece or parcel of family land called ‘SANDFILED’ situate AT Upper Inchaban.

In his Statement of Defence, the Defendant denied that the respondent was the head of the family aforementioned and insisted that the legitimate head of family was one Ebusuapanyin Kofi Mensah, Applicant/Appellant herein (to be called the Appellant hereafter). The Defendant also explained that he was a member of the said Pitsir Kwaata Anona family and that he was granted the land in dispute by the appellant, as head of family acting in concert with the principal elders of the said family.

In his Reply to the Statement of Defence, the Respondent averred that the Appellant, Kofi Mensah, had vacated his position in the family as head and been replaced or substituted by the Respondent.

Among the issues set down for trial at the hearing of the suit were the following: 1. Whether or not the plaintiff (Respondent herein) is the head of the Pitsir Kwaata Anona Family of Upper Inchaban.

2. Whether or not Ebusuapanyin Kofi Mensah (Appellant herein)is still the head of the said Pitsir Kwaata Anona family. ”The issue was therefore joined as to who was the true and legitimate head of the said family.

Hearing of the issues defined for trial was fixed for 30 November, 2004and on 28th January 2005, the appellant filed a motion to be joined to the suit as a Co-defendant.

In a ruling delivered on 22nd June 2005, GABOR, J, sitting in the High Court, Sekondi, dismissed the appellant’s application for joinder on the ground that no useful purpose would be served by joining the appellant as a Co-defendant in the suit as the issue of who was the head of family had been laid to rest by DOTSE, J. A. sitting as an additional High Court Judge on 20th October 2003 when he confirmed an earlier decision of the Sekondi High Court substituting Kwamina Siisi (the respondent herein) as head of family for Kofi Mensah (the appellant). Against the ruling of GABOR, JA. , the appellant has appealed to this court, relying on the following grounds of appeal: (a) The learned trial judge erred in dismissing the application for joinder without taking evidence on the issue as to who is the EBUSUAPANYIN of the Pitsir Kwaata Anona Family of Upper Inchaban.

b) The learned trial judge failed to con