[1959]DLCA2034 • February 26, 1959 • Court of Appeal
NSIAH vs. UNION TRADING COMPANY LTD.
The case concerns the inheritance and administration of the estate of the deceased, Kobina Nketsia, under Ashanti native customary law and applicable English law. The dispute involved the succession to self-acquired property, specifically a leasehold interest in land (plot No. 167), and the liability for debts owed by the deceased. The appellant claimed interest in the leasehold property, which had been sold by the administrators to settle debts. The administrators, Kwasi Yentumi and Kojo Sarkodie, were appointed as real nephews and successors under customary law, responsible for settling debts from the estate before distribution.
read more(His lordship stated the facts, and proceeded):- It is conceded that according to native customary law (Ashanti) applicable in this case, upon the death of the owner of a self-acquired property, the property would devolve upon the successor, who should be one of his sisters' children, males preferred to females; but such property does not become part of the ancestral property belonging to all those known as “family,” who claim descent from a common ancestress. It is generally known that there are several branches of the same family, each entitled to inherit property which descends to the successor of a deceased uncle of the direct line, immediately removed. Hence the evidence of Yaah Adu, who claims to be 80 years of age, and to be a descendant of one of three sisters whose descendants constitute the larger family. She said, "Kwasi Yentumi was the successor of Kwabena Nketsia; and he was so appointed by the family, who entrusted the properties of t he deceased to his care.” A...