NII PAUL AYITEY TETTEH v. JAFRO MENSAH LARKAI & ORS
May 6, 2009
SUPREME COURT
GHANA
CORAM
- ATUGUBA, J.S.C (PRESIDING)
- DATE-BAH, J.S.C.
- ANSAH, J.S.C.
- ADINYIRA, J.S.C.
- OWUSU, J.S.C
Areas of Law
- Civil Procedure
- Family Law
- Property and Real Estate Law
May 6, 2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Atuguba JSC, dismissed an appeal arising from two consolidated suits involving the Onamrokor Adain Family of Accra. In suit F2453/2002, Paul Ayitey Tetteh, acting as head of the family, sought declarations of headship and injunctions against B.A. Quarcoo and Jafro Mensah Larkai, relying on a 1980 Court of Appeal decision. In suit BFA31/2005, Quarcoo and Larkai sought to restrain Arthur Hammond Tetteh Quarcoo and Justice Ayaa Cudjoe from installing a chief at Dome and burying Paul in the cemetery reserved for the family head. After Paul’s death, Arthur Hammond Tetteh Quarcoo was treated as a substitute. The Court held the first suit survived as a representative action, the consolidation was valid, and substitution was effectively deemed, emphasizing that procedural rules serve substantive justice. It further held that a correct decision may be affirmed on different reasons and dismissed the appeal.
J U D G M E N T
ATUGUBA J.S.C.:-
In this consolidated suit the plaintiff in the first suit no. F2453/2002 sued as per the indorsement on the writ “for HIMSELF AND AS THE HEAD OF ONAMROKO ADAIN FAMILY HOUSE NO. 146 AVENOR – ACCRA
V.
1. B.A. QUARCOO H/NO. 24 OKATEI - NETTEY
STREET, KORLE WORKO – ACCRA
2. JAFRO LARKAI
H/NO. 23 DOMIABRA STREET
KOTOBABI – ACCRA”
Claiming
“a. Declaration that the Plaintiff has been Head of Family of Onamrokor Adain
family since 1994 and has remained same to date.
Perpetual injunction against the Defendants, from upholding themselves as Head and Assistant Head of the Onamrokor – Adain family.
Declaration that by the Court of Appeal’s judgment of 16/12/80 the Defendant is estopped from ever contesting the Headship of the family of Onamrokor – Adain.
General damages for personal injury done to the Plaintiff as a result of the activities of the Defendants in relation to the Headship of the family since the beginning of this year i.e. 2002.
Publication by the Defendants in all newspapers in country and sending of circulars to all the relevant official and customary authorities denying their earlier publications and withdrawing same.
Costs.”
The second writ is intituled BFA31/2005 “B.A. QUARCOO & JAFRO MENSAH LARKAI, suing for and on behalf of the Onamrokor – Adain Family of Accra as plaintiffs versus (1) ARTHUR HAMMOND TETTEH QUARCOO and (2) JUSTICE AYAA CUDJOE as defendants” claiming
“ 1. An Injunction to restrain the defendants by themselves, their servants, assigns
or agents, or otherwise howsoever, from installing a chief at Dome and
burying Paul Ayitey Tetteh (Deceased) at the cemetery reserved for the
substantive head of the Onamroko Adain family of Accra
Costs
Any other reliefs that this Honourable Court may deem fit
Dated this 13th day of January 2005, at Okona Chambers, Accra.”(e.s)
The Grounds Of Appeal
This appeal emanates from the 2nd plaintiff/appellant/appellant in the second of the said two consolidated suits, the 1st plaintiff having died. His grounds of appeal are as follows:
“ (i) Having held that the action which was instituted by Paul Ayitey Tetteh was a personal one which did not survive his death, the Court of Appeal erred in not holding further that B.A. Quarcoo and Jafro Mensah Larkai thereby became free to manage and control affairs of the family in the respective capacities they had been appointed to in the family on account of which Paul Ayitey Tetteh took action against them.