Siisi Vrs Boateng and Another [2014] GHASC 164 (7 May 2014)

Siisi Vrs Boateng and Another [2014] GHASC 164 (7 May 2014)

The Supreme Court held that the evidence clearly established secession by the co-defendant and his group from the Pitsir Kwaata Anona family, and having seceded, neither he nor his predecessor could claim headship of the family. The lower courts erred in feeling bound by the District Court judgment in the face of further unobjected evidence to the contrary. The co-defendant's counterclaim was unsustainable and was dismissed.

Citation
[2014] GHASC 164
Parties
Plaintiff/respondent/appellant: Kwamina Siisi; Defendant: Prophet J. K. Boateng; Co Defendant/appellant/respondent: John Kwesi Wilson
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 May 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed; co-defendant's counterclaim dismissed
Legal Topics
Family Headship, Customary Secession, Res Judicata, Estoppel, Counterclaim
Source Language
English
Family Law Customary Law Civil Procedure Family Headship Customary Secession Res Judicata Estoppel Counterclaim

Case Brief

Summary, issues, holding and outcome

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Parties

Kwamina Siisi

Plaintiff/respondent/appellant

Prophet J. K. Boateng

Defendant

John Kwesi Wilson

Co Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the co-defendant is entitled to a declaration as head of the Pitsir Kwaata Anona family of Upper Inchaban
  2. 2 Whether the co-defendant is entitled to a perpetual injunction restraining the plaintiff from acting as family head
  3. 3 Whether the Court of Appeal erred in reversing the trial court's dismissal of the counterclaim

Ratio Decidendi

The Supreme Court held that the evidence clearly established secession by the co-defendant and his group from the Pitsir Kwaata Anona family, and having seceded, neither he nor his predecessor could claim headship of the family. The lower courts erred in feeling bound by the District Court judgment in the face of further unobjected evidence to the contrary. The co-defendant's counterclaim was unsustainable and was dismissed.

Court Disposition

appeal allowed; co-defendant's counterclaim dismissed

Orders

  • The appeal is allowed.
  • The co-defendant's counterclaim is dismissed.