Addy & Anor Vrs Ackaah [2022] GHASC 105 (14 April 2022)

Addy & Anor Vrs Ackaah [2022] GHASC 105 (14 April 2022)

The Supreme Court found no basis to disturb the concurrent findings of the High Court and Court of Appeal that the Respondent was duly appointed as the substantive head of the Akwaanor Royal Family of Ashalaja in 2009, and that the Appellants' claims to joint headship were unsupported by evidence. Prior litigation did not confer headship on the Appellants, and admissions by the 1st Appellant precluded reliance on estoppel. The appeal was dismissed in its entirety.

Citation
[2022] GHASC 105
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 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Family Headship, Estoppel, Appointment of Family Head, Concurrent Findings of Fact
Source Language
English
Succession Law Customary Law Family Headship Estoppel Appointment of Family Head Concurrent Findings of Fact

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 Judgment on Appeal From Court of 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 litigation (Suit No. 1222/89) conferred headship on the 1st Appellant

Ratio Decidendi

The Supreme Court found no basis to disturb the concurrent findings of the High Court and Court of Appeal that the Respondent was duly appointed as the substantive head of the Akwaanor Royal Family of Ashalaja in 2009, and that the Appellants' claims to joint headship were unsupported by evidence. Prior litigation did not confer headship on the Appellants, and admissions by the 1st Appellant precluded reliance on estoppel. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

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