Addy & Anor Vrs Ackaah [2021] GHASC 148 (14 March 2021)

Addy & Anor Vrs Ackaah [2021] GHASC 148 (14 March 2021)

The Supreme Court found no error in the concurrent findings of the High Court and Court of Appeal that the Respondent was properly appointed as the head of the Akwaanor Royal Family, and that the prior suit did not confer headship on the Appellants. The Appellants failed to demonstrate any evidence warranting interference with the lower courts' findings. The appeal was dismissed in its entirety.

Citation
[2021] GHASC 148
Parties
Defendant/appellant/appellant: Adams Addy; Defendant/appellant/appellant: Adu Akwaanor; Plaintiff/respondent/respondent: Solomon Mintah Ackaah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 March 2021
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Family Headship, Estoppel, Concurrent Findings, Burden of Proof, Appointment of Family Head
Source Language
English
Customary Law Succession Law Civil Procedure Family Headship Estoppel Concurrent Findings Burden of Proof Appointment of Family Head

Case Brief

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Parties

Adams Addy

Defendant/appellant/appellant

Adu Akwaanor

Defendant/appellant/appellant

Solomon Mintah Ackaah

Plaintiff/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Respondent is the substantive head of the Akwaanor Royal Family of Ashalaja
  2. 2 Whether the Respondent was appointed head of the Akwaanor Royal Family in 2009
  3. 3 Whether prior suit conferred headship on the Appellants

Ratio Decidendi

The Supreme Court found no error in the concurrent findings of the High Court and Court of Appeal that the Respondent was properly appointed as the head of the Akwaanor Royal Family, and that the prior suit did not confer headship on the Appellants. The Appellants failed to demonstrate any evidence warranting interference with the lower courts' findings. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • The appeal is wholly dismissed.
  • The findings and orders of the Court of Appeal and High Court are affirmed.