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JUDGMENT
J U D G M E N T
ADJEI-FRIMPONG, J.A.:
The quest of this appeal does not determine the substantive maEer in the suit at the court
below. The parties before us are fighting over who was the rightful person(s) to prosecute the maEer in representation of the plaintiff family, the Nii Arde Nkpa Family of Plerno of
the James Town Division.
The reliefs sought in the suit, for purposes of this appeal are not material to recount in
any detail. Put as shortly as possible, the family was challenging the compulsory
acquisition and subsequent allocation of part of its lands situate at Weija as described in
the schedule to the statement of claim to the 2nd defendant.
Originally, the action was commenced by Nii Arde Nkpa VI, Mantse of Plerno, Nii Offei
II, Mantse of Kokrobite, Nii Kwashie Gborlor III, Ngleshie Amanfro Mantse and Chief Ali
Agbornarh, Tuba Mantse as 1st, 2nd 3rd and 4th plaintiffs respectively. The representative
capacities in which they sued were pleaded as follows:
1. “1. The 1st and 2nd plaintiffs are the chiefs of Plerno and Kokrobite respectively and are the
accredited custodians of Kokrobite lands for and on behalf of the Nii Arde Nkpa Stool
Family of Plerno in the James Town Division of the Ga Traditional Council and bring this
action on the joint behalves and for and on behalf of the people of Plerno and Kokrobite.
2. The 3rd plaintiff is the Chief of Ngleshie Amanfro, Accra, also in the James Town Division
of the Ga Traditional Council and brings this action on his own behalf and on behalf of the
people of Ngleshie Amanfro.
3. The 4th plaintiff is the Chief of Tuba, a predominant farming community and/or seVlement
near Kokrobite, and is the custodian of Tuba lands for the Nii Arde Nkpa Stool Family of
Plerno and brings this action on his own behalf and on behalf of the people of Tuba.”
The defendants cited on the writ were the Irrigation Development Authority, Central
Mechanics & Spare Parts Dealers Association (CEMSDA), the Lands Commission
Secretariat and the AEorney General.
About two months into the commencement of the suit, the 1st plaintiff, Nii Arde Nkpa VI
died. Nii Arde Nkpa VII, the 1st plaintiff/Respondent (hereinafter, 1st plaintiff) in the
capacity of the new Chief of the Nii Nkpa Family of Plerno, Kokrobite, Tuba and Langma
successfully applied to be substituted for his deceased father. The application was made
on 21st April and granted on 5th May 2005. In the course of time, the original 2nd and 4th