NII KONNEY LARYEA VS ALHAJ OSANI RAMMEY
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS TETTEH (MRS.), J
Areas of Law
- Civil Procedure
- Family Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over family membership and inheritance rights. The plaintiff, representing the Konney Adu We family of Labadi, sought a declaration that the defendant, Osani Rammey, does not belong to the family and an injunction to prevent him from claiming membership. The defendant, alleged to be Nigerian, did not respond to the lawsuit. The court heard testimony from Samuel Markwei, acting on behalf of the family head, Nii Konney Laryea. Based on this evidence and the defendant's default, the court declared that the defendant is not a member of the Konney Adu We family, has no inheritance rights, and is restrained from claiming membership. The case highlights issues of family law, inheritance, and civil procedure in dealing with default judgments.
This suit was instituted on 9th September 2015 with the following reliefs: 1. A declaration that defendant does not belong to the Konney Adu We family of Labadi to which the late Adjei Oki Runny belonged let alone describe himself as a head of the family.
2. Perpetual injunction restraining defendant from describing himself as a member of the Konney Adu We family of which plaintiff is the head.
In the statement of claim attached to the writ the plaintiff averred that descendants of Adjei Okie Rammey(deceased) has informed him that defendant has been trying to get involved and sit in deliberations by the family of the deceased even though he is a stranger.
According to the plaintiff the defendant is a Nigerian and cannot therefore claim to be a member of the Konney Adu family or even its family head.
Record on the docket indicated that defendant was served with the writ but refused to enter appearance nor file a defence.
Motion ex parte in default of appearance was granted in respect of relief 2 whilst interlocutory judgment in default of appearance was granted in respect of relief 1 on 1st December 2015 for the plaintiff to prove his case regarding relief 1 on the return date.
On the return date one Samuel Markwei gave evidence after he had tended a power of Attorney signed by Nii Konney Laryea.
Samuel Markwei stated that Osani Rammey is not the head of their family but rather a Nigerian who only attended the funeral of his late brother and after the funeral he purported to be among the beneficiaries of the property of the deceased man.
Witness stated that Konney Laryea is the appointed head of family for over 10 years and prayed the court to declare that Osani Rammey is not the head of their family.
Having regard to the viva voce evidence of Samuel Markwei, I hereby enter judgment in favour of plaintiff in terms of the reliefs indorsed on the writ as follows; It is hereby declared that defendant does not belong to the Konney Adu We family of La, to which Konney Laryea is the head of family.
Defendant having failed to file any appearance and defence, he is restrained from describing himself as a member of the Konney Adu We family of La and he has no inheritance within the said family.
No award as to costs.
SGD) PATIENCE MILLS-TETTEH (MRS) (JUSTICE OF THE HIGH COURT)