NUMO DANIEL TETTEH ADDO & ANOR v. ALBERT KWEI

ANKAMAH J.A

The first and second Plaintiffs/Respondents claim to be the legal representatives of the Asafoatse Nartey Wayo Akamisa family of Djamaku Manya Gortsonya of old Ningo, and the Bedai family of Djamaku Anerho Ayenya of Lardurwayo old Ningo respectively.

The Plaintiffs/Respondents contend that the Defendant/Appellant is a native of old Ningo who poses as an Asafoatse under the stool name Asafoatse Nartey Wayo Akamisa II. The 1st Plaintiff/Respondent informed the Court that his family became aware that the Defendant/Appellant had pursued legal proceedings in Ghana's Superior Courts, including the High Court, the Court of Appeal, and the Supreme Court, and had secured judgments falsely identifying himself as Akamisa. The suits are as follows:

1. Suit No. FAL/468.2011, Title: Asafoatse Kwetey Akorsorku III (Substituted by Asafoatse Nartey NarteyWayo Akamisa II Versus Andrews Narh-Bi (Decd) and Others, Judgment dated 27th February, 2019: Civil Appeal No.H1/196/2019 perthe judgment of the Court of Appeal dated 20th May, 2021 and Supreme Court, Civil Appeal No H1/28/2022.

The Plaintiffs/Respondents contend that the Defendant/Appellant successfully misled the Courts by using the name Akamisa to associate himself with the Plaintiffs/Respondents' great ancestors and land, whose title can be traced back to acquisition from the Akwapim people, through deceit, fraud, and misrepresentation. On November 20th 2023, the Plaintiffs/Respondents filed this action against the Defendant/Appellant herein, praying for the following reliefs:

a) A declaration that the proceedings taken including the judgments obtained by the Defendant/Appellant in Suit No. FAL/468/2011 up to the judgments of Civil Appeal No.H1/196/2019 and Civil Appeal No. JA/28/2022 of the Court of Appeal and Supreme Court were actuated by fraud, deceit, misrepresentation and thereby vitiated.

b) A further declaration that the Defendant/Appellant is not entitled to use the name Akamisa as he does not hail from 1st Plaintiff/Respondent's family.

c) An order setting aside the entire proceedings and judgments above, any consequential orders, directions and/or steps taken, or rights founded, upon same.

d). General damages for fraud, deceit and misrepresentation.

**e). An order of perpetual injunction restraining the Defendant/Appellant, his agents, assigns, privies whatsoever described, fro