FORDJOUR vs. KUSI AND OTHERS

JUDGMENT OF DJABANOR J. This is an appeal from the judgment of the Amansie Local Court, Bekwai, dated the 31st May, 1961. The facts are straightforward. When the late Kofi Karma died some four or so years ago the family met and appointed the first defendant his successor and gave him five out of the deceased’s six farms. At the same family meeting the plaintiff was also given one of the deceased’s farms called Number One. This was not an outright gift to the plaintiff. The farm was given to him, at the best, for his life-time. According to the plaintiff he was given the farm in order that he might pour libation on the stool he was occupying and to buy drink for festivals. The defendants, however, contend that the plaintiff was given the farm with the condition that he would remove from Awisa to stay at Subriso, and also look after the rest of the family with the proceeds of the farm. Both the first defendant and the plaintiff stamped their gift with £G4 7s. as custom demanded. ...