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DARKO AND ANOTHER V. AMOAH

(1989) JELR 68056 (SC)

Supreme Court  •  22 Mar 1989  •  Ghana

Coram
ADADE J.S.C,TAYLOR J.S.C,FRANCOIS J.S.C,WUAKU J.S.C,AMUA-SEKYI J.S.C.

Judgement

FRANCOIS J.S.C.

The dispute between the plaintiff and the defendant, originally a domestic storm in a tea cup, assumed serious dimensions when issues of lineage were raised. Thus, to a mild protest by the plaintiff at the cold response he had received from his acknowledged head of family, on his return from a short sojourn abroad, came the brusque renunciation from the defendant of any lineal ties he had with him. It was a public denunciation of consanguinity that could only provoke a legal suit for the determination of pedigree.

The suit was commenced at the Kyebi Executive and Amantoomiensa Council where the defendant moved for its dismissal on ground of res judicata. This plea failed, the tribunal ruling as follows: “We are satisfied that the defendant has failed to establish a case of res judicata. Motion therefore fails.” The defendant did not appeal from this ruling but successfully applied for a transfer of the suit to the judicial committee of the Akim Abuakwa Traditional Counci…

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