Addy and Another Vrs Ackaah [2021] GHASC 2 (14 April 2021)

Addy and Another Vrs Ackaah [2021] GHASC 2 (14 April 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 substantive head of the Akwaanor Royal Family of Ashalaja, and that the Appellants' claims were unsupported by evidence. The prior litigation did not confer headship on the Appellants, and the Respondent's appointment was valid. The appeal was dismissed in its entirety.

Citation
[2021] GHASC 2
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 April 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Family Headship, Estoppel, Concurrent Findings, Appeals Process
Source Language
English
Succession Law Customary Law Civil Procedure Family Headship Estoppel Concurrent Findings Appeals Process

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 Judgment

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 litigation (Suit No. 1222/89) conferred headship on the 1st Appellant

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 substantive head of the Akwaanor Royal Family of Ashalaja, and that the Appellants' claims were unsupported by evidence. The prior litigation did not confer headship on the Appellants, and the Respondent's appointment was valid. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Solomon Mintah Ackaah is the substantive head of the Akwaanor Royal Family of Ashalaja
  • Declaration that acts by the Appellants as heads of family are null and void