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STEPHEN KOBINA FYNN V. EGYA EKOW NORTEY & 4 ORS.

(2019) JELR 67558 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/4/19  •  27 Mar 2019  •  Ghana

Coram
JUSTICE IRENE C. LARBI (MRS) J.A. (PRESIDING), JUSTICE LAWRENCE L. MENSAH J.A., JUSTICE ANGELINA M. DOMAKYAAREH (MRS) J.A.

Appearances
JOSEPH E. K. ABEKAH FOR THE DEFENDANTS/APPELLANTS,DANIEL ARTHUR FOR PLAINTIFF/RESPONDENT.

Judgement

JUDGMENT

LAWRENCE L. MENSAH, J.A.

This is an interlocutory appeal against the ruling of the High Court, Cape Coast dated the 7th day of February 2018 in favour of the Plaintiff/Respondent who will be referred in this appeal as the Plaintiff, against the Defendants/Appellants who will be referred as the Defendants.

FACTS:

The facts of this interlocutory appeal admit no complications at all. The Plaintiff’s case is that he is a member of the Techie-Mensah Anona Family of Elmina. Nana Kwamina Solomon who was the head of family passed away, however, no successor has been appointed to replace him. Meanwhile the Defendants have arrogated to themselves the power of head of family and are disposing of the tracts of land belonging to the family. The Plaintiff also contend that even though he is a member of the Techie-Mensah Anona family aforesaid, the Defendants, for no apparent reason, declared the Plaintiff an outcast and have variously retorted that the Plaintiff is not a member of the said Tec…

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