Akuffo v Agyemang and Others (C13/25/2023) [2025] GHAHC 157 (5 March 2025)

IN THE HIGH COURT OF JUSTICE HELD AT NSAWAM IN THE EASTERN REGION ON WEDNESDAY, THE 5TH DAY OF MARCH, 2025 BEFORE HER LADYSHIP JUSTICE RUBY NAA ADJELEY QUAISON (MRS.), THE HIGH COURT JUDGE, COURT II ABUSUAPANYIN KWASI AKUFFO : PLAINTIFF SUIT NO. C13/25/2023 HEAD OF ODWOBI–ADUAMOAH ASAKYIRE FAMILY OF ABURI H/NO. B/4, ASUABA NEAR NSAWAM VRS. 1. MOSES KWAME AGYEMANG : DEFENDANTS 2. SAMPSON AMADI OWUSU 3. QUAO ROBERT AGYEMANG 4. OKAE AGYEMANG 5. MATILDA OKAE 6. BOSSMAN AGYARKO CONSENT JUDGEMENT WHEREAS on the 21st day of June, 2023 the Plaintiff issued a Writ of Summons with Statement of Claim against the 1st, 2nd, 3rd, 4th, 5th and 6th Defendants claiming the following: a. Declaration that the Plaintiff is duly appointed successor to the late Rev. Andrews Agyemang and also the Head of the Odwobi- da Aduamoah Asakyire family of Aburi and Akuapem Anafo (Akuapem South). b. A declaration that the 6th Defendant having publicly declined to succeed and inherit the late Rev. Andrews Agyemang who he insulted together with the family is estopped from proclaiming himself as the successor to the late Rev. Andrews Agyemang and also Head of the Awukubea gate of the Odwobi-Aduamoah Asakyire family. c. Perpetual injunction to restrain the Defendants by themselves, their cohorts, supporters from appointing and proclaiming the 6th Defendant as the successor to Rev. Andrews Agyemang and Head of the Awukubea gate of the Odwobi- Akuamoah Asakyire family. d. Cost including legal fees. WHEREAS the parties were referred to Court Connected ADR (CCADR) to attempt settlement. WHEREAS all the parties have mutually agreed for the peaceful settlement of all the issues in controversy to be adopted as Consent Judgement. NOW THEREFORE THE PARTIES HEREIN AGREE MUTUALLY THAT A CONSENT JUDGMENT is entered in this suit as follows: da 1. The case of the appointment of successor to the late Rev. Andrews Agyemang has been settled peacefully. 2. The Defendants have agreed to present the nominated successor, Bossman Agyarko, to the elders at Aburi on an agreed date for the necessary customary rites to be performed at Aburi. 3. The Plaintiff has waived cost and legal fees in the suit. 4. The Plaintiff has accepted the proposal made by the Defendants and so the case has been settled. BY COURT: IT IS HEREBY ADJUDGED that the Terms of Settlement filed by the parties on the 16th day of July, 2024 is hereby adopted as Consent Judgement of the Court. (SGD.) H/L RUBY NAA ADJELEY QUAISON [MRS.] (JUSTICE OF THE HIGH COURT) da 3