OPANYIN KOFI BOAH AND GIDEON ACHEAMPONG v. AKUA FOKUO, AKWESI GYABENG, KWABENA BOAKYE AND OP. JOHN MENSAH
October 24, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWAME AMOAKO
Areas of Law
- Civil Procedure
- Family Law
October 24, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
After the death of Op. Kofi-Senti @ Anthony Senti in April 2022, members of the Ekuona family of Bekwai sued to establish that, under Akan custom, control of his body and funeral rites rested with the family. Their writ sought declarations of family membership, confirmation that the body belonged to the family per custom, orders to obtain mortuary documentation from Anwiaso mortuary, and to restrain the first defendant and others from organizing the one-week, burial or final funeral rites. Plaintiffs simultaneously moved for interlocutory injunction. Defendants appeared and opposed, contending the deceased was Abusuapanin of the Royal Ekuona family of Sefwi Sukusuku and that funeral planning lay with the chief and elders. Before the injunction was determined, plaintiffs reported the one-week celebration had already been held and sought to strike out the processes as moot. Citing Order 17 rule 2(1), Supreme Court authority, and civil procedure texts, the High Court granted the request, reiterated that courts cannot compel litigation, and made no order as to costs.
JUDGMENT
On 21st June 2022, the Plaintiffs filed a Writ of Summons together with a Statement of
Claim for the following reliefs against the Defendants:
i. Declaration that the deceased, Op. Kofi-Senti @ Anthony Senti was a
member of Plaintiff's family (Ekuona family of Bekwai)
ii. Declaration that "the body of the deceased belongs to the Plaintiff's family
absolute per custom and tradition of Akan people
iii. An order of the court to compel the 1st Defendant to release documents of
the body from Anwiaso mortuary the plaintiffs' family.
iv. An order of the Court to restrain the defendant or anybody claims
through them to organize one week, burial or final funeral rite of the late
Kofi Senti
v. Any order(s) the Honourable Court deems appropriate in the
circumstance”.
On the same date, i. e. 21st June 2022, the Plaintiffs filed a motion on notice for
interlocutory injunction praying for –
“an order for interlocutory injunction restraining Defendants from proceed with
one week celebration of the late Anthony Senti @ Kofi Senti fixed by 23rd June,
2022 by the Defendants until the final determining of the suit upon the grounds
set forth in the accompanying affidavit.’
Paragraphs 5 to 14 of the affidavit in support of the said motion for interlocutory
injunction provide as follows:
“5. That the deceased, Anthony Senti @ Kofi Senti was a prominent member of
the family who passed on in April, 2022 after short illness at Bekwai.
6. That the body was deposited in Anwiaso mortuary by the surviving wife, the
st Defendant / Respondent immediately after his death and subsequently
informed the family of the death of our relative.
7. That the family quickly organized a meeting with the defendants to plan a
befitting one week, burial and final funeral rites for the deceased
8. That immediately after the said meeting, the Defendants assumed a certain
position just to frustrate the family from organizing the funeral and as part of
their scheme, have put up notices for the one week celebration without
reference to the Plaintiffs family.
9. That all attempts to stop the Defendants / Respondents from holding
themselves as chief mourners and funeral planning committee for the family
have been unsuccessful.
10. That the Defendants / Respondents who have no locus in whatever form,
being tradition, customs or by the laws of the land are determined to ignore
any caution from the family.
11. That without the Court's intervention to restrain