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REPUBLIC V. HIGH COURT, DENU; EX PARTE AVADALI IV

(1993) JELR 66140 (SC)

Supreme Court  •  14 Dec 1993  •  Ghana

Coram
ADADE JSC, ABBAN JSC, AMUA-SEKYI JSC, EDWARD WIREDU JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC, AMPIAH JSC

Appearances
ERIC HOMADI (WITH HIM FRANCIS AMPOFO BEKOE AND S M AKRONG) FOR THE APPLICANT; S A X TSEGAH FOR THE RESPONDENTS.

Judgement

ADADE JSC.

On 16 November 1992 an action was commenced in the High Court, Denu titled as follows:

(1) “Hlotator Adigbli Avadali II of Afegame, head of Anyigbe clan family.
(2) Togbe Awafiaga Abordor VII, principal member of Anyigbe clan and divisional chief of Anyigbe Afegame Togbui Lugu Avadali IV (alias Awafia Lugu Ahiaku) sub-chief of Anyigbe Afevime Adutor”

By their writ of summons, the plaintiffs sought three reliefs:

(a). “A declaration that the first plaintiff is the present head/hlotator of the whole Anyigbe clan or family comprising Anyigbe Afegame, Anyigbe Afevime and Agbofeme of Anyigbe clan and is entitled to manage all the lands and other properties of the Anyigbe clan family.
(b). A perpetual prohibitive injunction restraining the defendant from posing or claiming to be the head/hlotator of the Anyigbe clan and dealing with the properties of the Anyigbe clan in the said false capacity.
(c). General damages suffered by the plaintiffs as a result of the false claims of the def…

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