Chief Akwa II Per Himself As Head And On Behalf Of The Genua Family Of Alakple & Anor V. Kwametse Amegavlui & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Parties to action—Plaintiff not Head of the Genua Family—Not entitled to sue.

Facts

Certain property which belonged to one Genua, who died- many years ago, was seized and sold under a writ of Pi Pa. The first defendant was the purchaser. The plaintiff claiming in the Native Tribunal as Head of the Genua family sought for the cancellation of the sales and damages. Property adjudged by former action to be property of two families each of which was to appoint a Head to administer the property conjointly.

Genua Family in defiance of this decision refused to appoint a Head. Native Tribunal held that plaintiff could not now come forward and sue as Head of Genua Family.

Held

Judgment of Paramount Tribunal upheld but varied by deleting therefrom the words ” the sale is hereby confirmed.”