NII BOYE JOHN & ORS v. NII BOYE KUMAH & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Evidence Law
- Family Law
- Constitutional Law
AI Generated Summary
This judgment resolves a protracted leadership and membership dispute within the Ashia We family of Teshie. Plaintiffs, led in evidence by Nii Sowah Kpewie, argued that Defendants descend from Moni and Mepe lines adopted into the house, that Ashia We comprises only Badu Anuaku and Osabu Adjei Kwao divisions, and that there is no substantive head, portraying Nii Boye Kumah as only caretaker and disqualified for being left-handed and allegedly remanded. They also challenged Ernest Oko Laryea (aka Alaska) as Asafoatse Omrugu, alleged misappropriation of the Anuaku Sewahu golden symbol, and sought accounts and control over the house. Defendants denied these claims, asserting long-standing custom: four divisions, Kumah’s headship since 1991 after rites and recognition, and Alaska’s installation. Applying evidentiary burdens, constitutional equality, and customary law on family leadership, the court held Kumah substantively head, Alaska Asafoatse, rejected the discrimination claim, found no proof of theft, granted limited counterclaim reliefs (including accounting), dismissed all Plaintiffs’ claims, and awarded costs to Defendants.