KINGSFORD ODOI CHARWAY V. MOSES MENSAH KODIA

JUDGMENT

ADJEI-FRIMPONG, JSC:

My Lords, the provisions in Order 4 rule 9 subrules (2) --(5) of the High Court (Civil Procedure) Rules, (2004) C.I. 47 have codified the customary law principles on family representation in suits to protect family property as espoused in KWAN VRS NYIENI (1959) GLR 67 C.A.

To sum them up, the provisions prescribe that the head of family in accordance with customary law may sue and be sued on behalf of or as representing the family. If for any good reason the head of family is unable to act or if he refuses or fails to take action to protect the interest of the family, any member of the family may, subject to the rules, sue on behalf of the family. Where any member of the family sues, a copy of the writ shall be served on the head of family. The head of family when served may, within three days of the service of the writ apply to the court to object to the writ or to be substituted as Plaintiff or to be joined as Plaintiff. And where the head of family is sue…