NII ODOI KWAO ASUMANG & ORS v. WILLIAM SOWA CHARWAY & ORS

DZAMEFE, JA

This is an appeal from the judgment of the High Court Accra, Land Division Accra, dated 14th November 2011. The plaintiff/appellants hereinafter referred to as the appellants dissatisfied with the judgment in favour for the defendant/respondents, hereinafter referred to as the respondents filed this appeal on the following grounds;-

1. The learned trial judge erred in dismissing plaintiff/appellant’s motion to re-list the suit intituled Nii Odi Kwao Asumang & Others vrs. William Sowa Charway & Others (Suit No. BL 563/2008).

2. The learned trial judge erred in refusing to exercise his discretion in favour of the plaintiffs/appellants.

3. Further grounds of appeal shall be filed upon receipt of the record of appeal.

Facts

The brief facts culminating into this appeal are that the appellants on 23rd July 2008 issued a writ of summons in the High Court against the respondents for the following claims;-

1. A recall of their certificates and cancellation of same

2. An order directed at the (last) 15th defendant to register the whole piece or parcel of land in the name of the 1st and 2nd defendants.

3. Damages for trespass against 3rd defendant -14th defendants.

4. Perpetual injunction restraining defendants, their privies or assigns from dealing with the land in any way inconsistent with the larger family interest.

The appellants in their statement of claim averred that the 1st appellant is the Head of the Asumang We family of La and brings the action for and on behalf of the Asumang We family. The 2nd plaintiff is the chairman of the family association (Weku Kpee) of the Frimpong We family of La who brought this action for and on behalf of the said Frimpong We because the substantive head of the family Nii Odoi Frimpong the 12th defendant herein, has persistently refused or neglected all calls on him to take action to protect the family property from encroachers. The 3rd appellant is the occupant of the La Stool and in that capacity as the holder of the allodial title to all La Stool lands and brings this action for and behalf of the Stool.

The 1st and 2nd respondents are the children of Nii Odotei Charway a great grandson of Nii Frimpong I of Nii Odoi Frimpong We. They averred that the 3rd -11th respondents who are not known to them claim to have grants and documents over portions of the appellant’s lands, the subject mater of this suit.

It is the appellants claim that the subject matter of this suit forms part of a larger tract