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VICTOR AGGOE BRIANT V. F. A. L. BROWN & ANOR

(2016) JELR 108328 (HC)

High Court  •  FAL/310/13  •  16 Nov 2016  •  Ghana

Coram
JUSTICE ANTHONY OPPONG

Appearances
ANDREWS TETTEH, LAYWER FOR PLANTIFF T. A. NELSON COFFIE, LAWYER FOR DEFENDANTS

Judgement

J U D G M E N T 

A family at Osu, Accra called and described as Briandt family issued  the writ of summons per its head in accordance with Order 4 Rule 9(2) of the  High Court (Civil Procedure) Rules, 2004 (C.I.47) against Defendants whom  Plaintiff described as members of Brown family without indicating whether or  not the Defendants are the heads of the Brown family.  

For all intends and purposes Plaintiff’s cause of action was directed at  a group of people, a family called Brown family. I may therefore say that it is  somewhat paradoxical for Plaintiff to have acknowledged the law that it is the  head of family who sues on behalf of or as representing the family but would  not apply the same acknowledgement of the law in suing the Brown family  per its head. In other words, when Plaintiff proceeded against the Brown  family, it would have been expected that he should have sued the head of the  Brown family just as he sued as the head of the Briandt family. 

Plaintiff and for that…

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